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Crest, Oral-B “Gum & Enamel Repair” Toothpaste Missouri Class Action

The Proctor & Gamble Company (P&G) owns both the Crest and Oral-B brands. Each brand offers a Gum & Enamel Repair toothpaste. The complaint alleges that the labeling of these products are false and misleading, because, it says, “while toothpaste may help control, reduce, or prevent gingivitis, it cannot repair gums[.]” The complaint claims that P&G has violated the Missouri Merchandising Practices Act (MMPA), among other things.

The complaint defines a class and a subclass for this action:

  • The class is all persons in Missouri who bought one or more of the class products in Missouri from the beginning of the statute of limitations to the certification of the class in this case.
  • The MMPA subclass is all class members who bought one or more of the products for personal, family, or household purposes.

In periodontal disease, the gum pulls away from the teeth. As the disease gets worse, the complaint says, “the tissue and bone that support the tooth are destroyed. Over time, teeth may fall out or need to be removed.”

The disease begins with plaque, a sticky film that forms on teeth and contains bacteria. The bacteria products harmful substances that can irritate and inflame the gums if the teeth are not properly cleaned. Plaque that is left on the teeth can harden into a substance called tartar, or calculus, along the gums or in pockets that form under them. The early stage of the disease is called gingivitis; the advanced state is called periodontitis.

If the disease process is caught early, it can be reversed. However, this requires the help of a dentist who can scrape off the calculus along and beneath the gum line. If the disease still gets worse, work must be done to remove the plaque and tartar down to the bottom of each pocket, and then to smooth the tooth’s root surfaces so that the gum can heal and reattach.

The complaint quotes P&G’s Oral-B website as saying, “If a deep cleaning is not sufficient to treat the condition, because of excess loss of bone and deep pockets, receding gums surgery may be required.”

While regular tooth care like brushing and flossing can help prevent disease and gum recession, it will not correct receding gums because receding gums do not grow back. This may require surgical techniques like gum grafting or a pinhole surgical technique.

Thus, the complaint says, the “Gum & Enamel Repair” label is “false and misleading” because “at every stage or periodontal disease, professional treatment is needed to repair gums.” It alleges that the company’s labeling practices are unethical.

Among the counts are also violations of the MMPA by means of unfair practices, by means of deception, and by means of omission of a material fact.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Crest, Oral-B “Gum & Enamel Repair” Toothpaste Missouri Complaint

July 14, 2021

The Proctor & Gamble Company (P&G) owns both the Crest and Oral-B brands. Each brand offers a Gum & Enamel Repair toothpaste. The complaint alleges that the labeling of these products are false and misleading, because, it says, “while toothpaste may help control, reduce, or prevent gingivitis, it cannot repair gums[.]” The complaint claims that P&G has violated the Missouri Merchandising Practices Act (MMPA), among other things.

Crest, Oral-B “Gum & Enamel Repair” Toothpaste Missouri Complaint

Case Event History

Crest, Oral-B “Gum & Enamel Repair” Toothpaste Missouri Complaint

July 14, 2021

The Proctor & Gamble Company (P&G) owns both the Crest and Oral-B brands. Each brand offers a Gum & Enamel Repair toothpaste. The complaint alleges that the labeling of these products are false and misleading, because, it says, “while toothpaste may help control, reduce, or prevent gingivitis, it cannot repair gums[.]” The complaint claims that P&G has violated the Missouri Merchandising Practices Act (MMPA), among other things.

Crest, Oral-B “Gum & Enamel Repair” Toothpaste Missouri Complaint
Tags: Deceptive Advertising, Deceptive Labels, Item Does Not Do What It Is Advertised to Do, Untrue Product Claims