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CVS “Gum & Enamel Repair” Toothpaste Claims Class Action

This class action takes issue with a “Gum & Enamel Repair” toothpaste from CVS Pharmacy, Inc. that claims to have a “[c]linically proven ingredient to help reverse gingivitis.” The complaint alleges that the toothpaste cannot do this and that gum repair can only be done with dental care, at least in the more advanced stages.

Two classes have been proposed for this action:

  • The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
  • The Consumer Fraud Multi-State Class is all persons in Montana, Texas, North Dakota, Wyoming, Idaho, Alaska, Iowa, West Virginia, Mississippi, Tennessee, Arkansas, South Carolina, and Utah who bought the product during the applicable statutes of limitations.

Gum disease ranges from gingivitis, in its early stages, to periodontitis, in its later stages. According to the complaint, it happens because of plaque, a sticky substance that forms on teeth and produces toxins that can inflame and harm the gums and bone around teeth. It can cause the gums to pull away from the teeth, forming pockets in which bacteria can accumulate, while the plaque can harden into a substance called tartar or calculus.

If caught early, when no damage has been done to the bone or supporting structure under the teeth, the complaint alleges, gingivitis can be reversed.

According to the American Dental Association, the complaint alleges, “the early-stage gingivitis reversal process entails the careful removal of plaque and tartar down to the bottom of each periodontal pocket. … The tooth’s root surfaces are then smoothed to allow the gum tissue to heal and reattach to the tooth.” Even so, it is possible for the gum disease to become more serious, and multiple dental visits may be required, the complaint says.

“While the Product’s ingredients and good oral hygiene can prevent gingivitis,” the complaint claims, “this is not sufficient to repair gums or reverse gingivitis.” For that, the complaint alleges, help from a dental professional is needed. It claims that gums that have pulled away from the teeth do not grow back without this kind of help. The complaint cites both surgical and non-surgical treatments that can help repair gums, but none of these are available via the use of a toothpaste.

The complaint alleges, “The Product’s active ingredient—Stannous Fluoride .454%…—which is common to most toothpastes, provides no unique gum ‘repair’ benefits nor is [the company] authorized to claim it can reverse gingivitis.”

The Food and Drug Administration (FDA) has a put out a monograph on the representations that toothpastes can make on their labels. and the complaint reviews the permitted terms and indications. The complaint claims, “The FDA cautioned sellers of oral care products against representations not specifically discussed in the proposed Monograph, since such statements could—and in this instance, do—mislead consumers.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

CVS “Gum & Enamel Repair” Toothpaste Claims Complaint

November 6, 2022

This class action takes issue with a “Gum & Enamel Repair” toothpaste from CVS Pharmacy, Inc. that claims to have a “[c]linically proven ingredient to help reverse gingivitis.” The complaint alleges that the toothpaste cannot do this and that gum repair can only be done with dental care, at least in the more advanced stages.

CVS “Gum & Enamel Repair” Toothpaste Claims Complaint

Case Event History

CVS “Gum & Enamel Repair” Toothpaste Claims Complaint

November 6, 2022

This class action takes issue with a “Gum & Enamel Repair” toothpaste from CVS Pharmacy, Inc. that claims to have a “[c]linically proven ingredient to help reverse gingivitis.” The complaint alleges that the toothpaste cannot do this and that gum repair can only be done with dental care, at least in the more advanced stages.

CVS “Gum & Enamel Repair” Toothpaste Claims Complaint
Tags: Breach of warranty, Deceptive Advertising, Deceptive Labels, Fraud