A federal judge has preliminarily approved a class action lawsuit settlement between Procter & Gamble Co. and consumers who allege the company falsely advertised the benefits of its Crest Sensitivity Treatment & Protection toothpaste.
The proposed Crest Sensitivity settlement will provide consumers a $4 refund for one tube of toothpaste each if they purchased the product in the U.S.
New Jersey plaintiff Edward Rossi and other consumers sued Procter & Gamble in December 2011 claiming the toothpaste failed to deliver relief from tooth sensitivity “within minutes” as advertised, and that P&G’s false advertising induced consumers into paying as much as 75% more for Crest Sensitivity Treatment & Protection over comparable products that require weeks of use to reduce tooth sensitivity.
Furthermore, the class action lawsuit alleged, Crest Sensitivity Treatment & Protection is essentially identical to Crest Pro-Health toothpaste except for the packaging, color and price – which is $3 higher than Crest Pro-Health.
P&G denies the allegations but has agreed to a class action lawsuit settlement to resolve the litigation.
U.S. District Judge Jose Linares conditionally certified the Settlement Class and preliminarily approved the deal, saying it provides adequate relief to the plaintiffs and fairly and efficiently resolves the claims that Procter & Gamble violated state consumer fraud laws.
Details on how to file a claim for the Crest Sensitivity Treatment & Protection Class Action Lawsuit Settlement will become available in a few weeks. Keep checking Top Class Actions or sign up for our free weekly newsletter for updates.
The case is Rossi v. The Procter & Gamble Co., Case No. 11-cv-07238, U.S. District Court of New Jersey.
The plaintiffs are represented by James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC, Scott A. Bursor of Bursor & Fisher PA and Antonio Vozzolo of Faruqi & Faruqi LLP.
UPDATE 1: Details on how to file a claim for the Crest Sensitivity Toothpaste Class Action Lawsuit Settlement are up!
UPDATE 2: The Crest Sensitivity Toothpaste Class Action Settlement was granted Final Approval on October 3, 2013. Payments should be distributed within the next 30-90 days.
UPDATE 3: Refunds from the Crest class action settlement were mailed to eligible Class Members in April 2014 in the form of a Visa gift card.
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