Pro Teeth Whitening Charcoal Toothpaste Advertising Claims Class Action

Pro Teeth Whitening Co. Ltd. sells tooth care products that contain activated charcoal. While activated charcoal products have become popular recently, the complaint for this class action calls the claims made for the Pro Teeth charcoal dentifrices “misleading, deceptive and unsubstantiated.”

The Nationwide Class for this action is all persons who bought Pro Teeth charcoal dentifrices (in the form of toothpastes, toothpowders, mouthwashes, whitening strips, or gels) for personal dental use in the US during the application statute of limitations. A Rhode Island Subclass has also been defined, for those who bought the products in Rhode Island.

The activated charcoal products include the following:

  • Activated Charcoal Teeth Whitening Powder
  • Activated Charcoal Teeth Whitening Strips
  • Activated Charcoal Mouthwash
  • Activated Charcoal Teeth Whitening Toothpaste
  • Non-Peroxide Activated Charcoal Teeth Whitening Gel

The complaint says, “Activated charcoal is highly porous and has adsorptive qualities that can be useful in certain contexts.”

However, the complaint takes issue with certain claims that Pro Teeth makes for the products:

  • It presents them as safe for gums, teeth, and enamel, calling them “completely safe,” “certified safe for enamel,” and “non-abrasive.”
  • It presents them as generally effective for dental hygiene and cosmetic purposes, and healthy and good for long-term use.
  • It claims they will stop bad breath, protect from toxins and stains, strengthen teeth and enamel, and soothe gums.
  • It claims that the charcoal ingredients have detoxifying and adsorptive qualities that are good for oral health, hygiene, and appearance.

The dentifrices have been successful products, the complaint says. “However, that success is built around messaging that is misleading and deceptive to consumers, and that, in gross negligence, omits material information concerning the safety and efficacy of use of charcoal in oral care.

According to the complaint, “The consensus of respected dentists, researchers and industry experts weighs against the use of charcoal dentifrices, due to the lack of scientific substantiation on safety and efficacy, as well as risks of harm.” For example, the Journal of the American Dental Association says testing has been insufficient to support the safety and efficacy of charcoal dentifrices and warns against its use. The American Dental Association has not given any charcoal dentifrices its ADA Seal of Acceptance.

The Federal Trade Commission and Food and Drug Administration require that marketing claims be rest on a reasonable, competent, or reliable basis. However, the complaint alleges that Pro Teeth does not have the evidence to substantiate its claims.

Among the counts are breaches of warranties, negligent and grossly negligent misrepresentations and material omissions, and a violation of state laws.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Pro Teeth Whitening Charcoal Toothpaste Advertising Claims Complaint

June 22, 2020

Pro Teeth Whitening Co. Ltd. sells tooth care products that contain activated charcoal. While activated charcoal products have become popular recently, the complaint for this class action calls the claims made for the Pro Teeth charcoal dentifrices “misleading, deceptive and unsubstantiated.”

Pro Teeth Whitening Charcoal Toothpaste Advertising Claims Complaint

Case Event History

Pro Teeth Whitening Charcoal Toothpaste Advertising Claims Complaint

June 22, 2020

Pro Teeth Whitening Co. Ltd. sells tooth care products that contain activated charcoal. While activated charcoal products have become popular recently, the complaint for this class action calls the claims made for the Pro Teeth charcoal dentifrices “misleading, deceptive and unsubstantiated.”

Pro Teeth Whitening Charcoal Toothpaste Advertising Claims Complaint
Tags: Claims Unsupported By Scientific Evidence, Deceptive Advertising