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ACT Total Care Mouthwash Class Action Lawsuit
By Matt O’Donnell
UPDATE 2: The Court approved the Act Total Care Mouthwash class action settlement on July 10, 2013. Payments were mailed to Authorized Claimants beginning September 9, 2013.
A federal class action lawsuit claims Chattem pushes its ACT Total Care mouthwash onto consumers with unproven claims that it “fights unsightly plaque,” and more.
“Chattem’s misleading marketing campaigns begin with a deceptive name for the ACT product, ‘Total Care,’ and a deceptive marketing tagline ‘the mouthwash that does it all,'” states the ACT mouthwash class action lawsuit. “By representing to consumers that ACT Total Care ‘fights’ plaque, Chattem implied, and intended for consumers to believe, that ACT Total Care had the ability to actually remove plaque. However, contrary to its claims, ACT Total Care does not reduce, remove or otherwise ‘fight’ plaque.”
The only active ingredient in ACT Total Care mouthwash, sodium fluoride, has no anti-plaque benefits, the class action lawsuit continues, and Chattem has “never had valid scientific or clinical substantiation for its claim.”
As a result of the misleading marketing, Chattem was able to charge consumers nearly 25% more for ACT Total Care because they were willing to pay for the benefits they thought they were receiving.
The ACT Total Care mouthwash class action lawsuit is seeking restitution, damages and more for a proposed class of all California residents who purchased ACT Total Care Anticavity Mouthwash marketed as having antiplaque benefits.
A copy of the ACT Total Care Mouthwash False Advertising Class Action Lawsuit
can be read here
The case is Toby Gaerin v. Chattem, Inc., Case No. 11-cv-2735W WVG, U.S. District Court, Southern District of California.
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