Chattem, Inc. makes Act Soothing Mint dry mouth lozenges. Lozenges of this type are often useful to consumer suffering from dry mouth, or xerostomia, but the complaint for this class action alleges that these may be harmful, because they have a pH below the level of tooth enamel or root dentin and may therefore erode teeth.
Two classes have been defined for this action:
- The Illinois Class is all persons in Illinois who bought the product during the applicable statute of limitations.
- The Consumer Fraud Multi-State Class is all persons in Utah, North Dakota, Kansas, Mississippi, Arkansas, Alaska, Wyoming, and South Carolina who bought the product during the applicable statute of limitations.
Page 1 of the complaint shows an image of the product packaging, with the words “Dry Mouth Lozenges” prominently placed on the front label. Other representations on the package are “Soothes Dry Mouth” and “Moisturizes Mouth Tissue.”
Saliva benefits teeth by helping to prevent cavities and tooth erosion, the complaint alleges, and also by neutralizing acids in the mouth, clearing them when the person swallows, and providing calcium and phosphate ions.
Dry mouth, or xerostomia, which ends or lessens the production of saliva in the mouth, is a condition the complaint alleges afflicts 25% of the population. The complaint alleges, “Estimates are that 63% of the 200 most common medications have a xerogenic effect, resulting in reduced salivary flow rates.” According to the complaint, other common causes are autoimmune illnesses, head and neck irradiation, and systemic cancer therapy, and it may occur more frequently as people age and take more medications.
Products like the Act lozenges are intended to relieve dry mouth, the complaint alleges, “increasing comfort and preventing dental erosion and caries.” “However,” the complaint claims, “it is essential these products do not have pH values below the critical pH of enamel or root dentin, the pH below which tooth structure begins to erode.”
What is this pH? The complaint claims it is between 6 and 6.9. According to the complaint, articles in dental journals have addressed this concern and “concluded such products should be formulated to have an acidity level of about 6.7 pH or higher, to avoid contributing to demineralization, dental erosion, sensitivity, and caries.”
What is the pH of the Act product? The complaint claims, “Laboratory testing based on titratable acidity using a pH meter, pH indicator and gravimetric analysis concluded the Product’s pH of 5.72 was below the critical pH of tooth enamel and root dentin.”
The complaint therefore claims it is misleading to market the product to people with dry mouth because it could have a bad effect on their oral health.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Act Dry Mouth Lozenges Lower pH Than Teeth Complaint
January 22, 2023
Chattem, Inc. makes Act Soothing Mint dry mouth lozenges. Lozenges of this type are often useful to consumer suffering from dry mouth, or xerostomia, but the complaint for this class action alleges that these may be harmful, because they have a pH below the level of tooth enamel or root dentin and may therefore erode teeth.
Act Dry Mouth Lozenges Lower pH Than Teeth ComplaintCase Event History
Act Dry Mouth Lozenges Lower pH Than Teeth Complaint
January 22, 2023
Chattem, Inc. makes Act Soothing Mint dry mouth lozenges. Lozenges of this type are often useful to consumer suffering from dry mouth, or xerostomia, but the complaint for this class action alleges that these may be harmful, because they have a pH below the level of tooth enamel or root dentin and may therefore erode teeth.
Act Dry Mouth Lozenges Lower pH Than Teeth Complaint