Alston & Bird, Wipes Importer Agree to Resolve Malpractice Suit Related to Labeling Advice

Law firm Alston & Bird agreed to resolve a dispute with Ohio-based Mark One Wipes regarding the company's claims that the firm gave it negligent legal advice related to the labeling of hand-sanitizing wipes imports. Mark One launched its suit in February 2022, claiming that the faulty advice led to injury, including the costs of making, shipping and storing a "useless product," reputational harm and lost profits.

Under the advice of Alston & Bird lawyers, Mark One said it imported the hand-sanitizing wipes labeled as for "handwashing," though compliance officers saw the products as a new drug that required an approved New Drug Application for import. The wipes were made with ethyl alcohol, which was not approved for hand washing products by FDA. The importer's complaint said the attorneys were repeatedly told of the proper label for the wipes, but still gave negligent advice on how to label the products.

While Mark One sued for over $1 million in damages, Alston & Bird said Mark One did not pay the law firm more than $143,000 in legal fees while Alston & Bird represented the company. Counsel for Mark One and Alston & Bird declined to comment.