Crest Gum & Enamel Repair Does Not Repair Gums, Says Class Action

Commercials have touted the ability of toothpastes or mouthwashes to help fight something called “gingivitis,” but what does that mean? The Proctor & Gamble Company makes a Crest Gum & Enamel Repair toothpaste that the complaint for this class action says “purports to repair gums and fight gingivitis.” However, the claim to repair gums, the complaint says, is false.

The class for this action is all those who live in the New York who bought the product during the applicable statutes of limitations.

Gingivitis is a gum disease that can develop from bacteria. The bacteria create plaque, which can cause an infection in the area where the teeth rise from the gums. The inflamed gums may then be tender and bleed too easily when the teeth are brushed. According to the complaint, “If left untreated, gingivitis can advance to periodontitis where the gum pulls away from the tooth to form spaces (called ‘pockets’) that become infected.”

On page 2 of the complaint is an image of the Crest Gum & Enamel Repair toothpaste. On the box are the statements, “Fluoride Toothpaste for Anticavity and Antigingivitis,” “Clinically Proven to Help Reverse Gingivitis,” and “Repairs Weakened Enamel.”

The complaint alleges, “The representation of ‘Gum & Enamel Repair’ is false, deceptive and misleading because although the Product has indications for antigingivitis, this only means it can help ‘control, reduce or prevent gingivitis, [an] early form of gum disease.’”

The attribution for the last part of the above sentence, in quotation marks, is given as “Proposed Monograph, 21, C.F.R. Part 356—Oral Health Care Drug Products for Over-The-Counter (‘OTC’) Human Use; 21 C.F.R. § 356.65 (‘Labeling of antigingivitis/antiplaque drug products.’).” The complaint alleges that the Food and Drug Administration—presumably the author—“cautions against representations that are not specifically discussed in the proposed Monograph…”

What the complaint takes issue with is the alleged claim to repair gums. Although the phrase “Gum & Enamel Repair” does not have “repair” directly after gum, the complaint says, this is implied by the parallel construction, so that consumers will connect both “gum” and “enamel” to “repair.”

Unfortunately, the complaint alleges, “receding gums do not grow back; once gum tissue has pulled back away from the teeth, it’s gone for good.” The only “repair” possibilities, the complaint says, is one of a number of cosmetic dental treatments.

According to the complaint, “there is no FDA indication that any OTC oral care product can help to repair gums.” The complaint also claims, “Even the presence of stannous fluoride in the Product is only sufficient to permit a credible claim that it ‘helps interfere with harmful effects of plaque associated with gingivitis.’”

The complaint alleges that Proctor & Gamble “misrepresented the Product through affirmative statements and omissions.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Crest Gum & Enamel Repair Does Not Repair Gums Complaint

January 9, 2021

Commercials have touted the ability of toothpastes or mouthwashes to help fight something called “gingivitis,” but what does that mean? The Proctor & Gamble Company makes a Crest Gum & Enamel Repair toothpaste that the complaint for this class action says “purports to repair gums and fight gingivitis.” However, the claim to repair gums, the complaint says, is false.

Crest Gum & Enamel Repair Does Not Repair Gums Complaint

Case Event History

Crest Gum & Enamel Repair Does Not Repair Gums Complaint

January 9, 2021

Commercials have touted the ability of toothpastes or mouthwashes to help fight something called “gingivitis,” but what does that mean? The Proctor & Gamble Company makes a Crest Gum & Enamel Repair toothpaste that the complaint for this class action says “purports to repair gums and fight gingivitis.” However, the claim to repair gums, the complaint says, is false.

Crest Gum & Enamel Repair Does Not Repair Gums Complaint
Tags: Deceptive Advertising, Deceptive Labels, Item Does Not Do What It Is Advertised to Do