Crest Sensitivity Toothpaste Class Action Settlement Approved

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A New Jersey federal judge has granted final approval to a class action lawsuit settlement alleging that Procter & Gamble Co. tricked consumers into paying more for Crest Sensitivity Treatment & Protection toothpaste based on bogus claims that it offered faster relief from tooth sensitivity than it could actually deliver.

U.S. District Jude Jose Linares affirmed the approval of the Crest Sensitivity toothpaste class action settlement on October 3, which he had preliminarily approved in February.  He found that the class action settlement was appropriate because the case had the “potential to drag on for years.”

Judge Linares noted that the plaintiffs’ lawyers had insisted that they would need to obtain depositions from numerous current and former Procter & Gamble employees. Further, they had planned to call numerous experts and consultants.

“There is no question that this case would take some time to bring to trial,” Judge Linares said. “Trial would likely involve extensive pretrial motions involving complex questions of law and fact, and the trial itself would likely be lengthy.” He also noted his concern that Procter & Gamble would appeal the case if the plaintiffs won, further delaying the resolution of the class action lawsuit.

One Class Member objected to the Crest Sensitivity class action settlement agreement, but Judge Linares found that the objector failed to provide an adequate explanation about why he thought the attorneys for the Class had failed to meet its burden of proof on commonality, predominance and superiority. The judge also found that the objector failed to sufficiently address his concerns with the adequacy of the class counsel and class representatives.

Edward Rossi filed the Crest Sensitivity toothpaste class action lawsuit in December 2011, claiming that Procter & Gamble charged a premium for its Crest Sensitivity Treatment & Protection toothpaste based on deceptive claims that it would relieve tooth sensitivity “within minutes.” Rossi alleged that the toothpaste is essentially the same as Crest’s Pro-Health toothpaste, except for different packaging and appearance. However, he accused Procter & Gamble of charging $6.99 for a tube, more than double the price of the Pro-Health toothpaste.

In his class action lawsuit, Rossi asserted claims under the Magnuson-Moss Warranty Act, breach of express warranty, breach of implied warranty of merchantability, violation of the New Jersey Consumer Fraud Act and unjust enrichment.

The Crest class action settlement was proposed after Proctor & Gamble was unable to dismiss the lawsuit based on claims that it failed to meet the $5 million amount-in-controversy requirement established by the Class Action Fairness Act. Judge Linares denied the company’s request in July 2012, deciding instead to accept the plaintiffs’ allegations that the amount in controversy exceeded the threshold because Procter & Gamble did not demonstrate “legal certainty” that the plaintiffs could not recover at least $5 million.

The class action settlement will provide Class Members who submitted valid claims a full refund with proof of purchase, and a refund of $4 without proof. The deadline to file a claim for the Crest Sensitivity class action settlement was August 19, 2013. If you missed out on filing a claim, sign up for our free weekly e-newsletter below to receive updates on new consumer class action lawsuits and settlements. You can also see which settlements are still accepting claims in our Open Class Action Lawsuits section.

The plaintiffs are represented by Carella Byrne Cecchi Olstein Brody & Agnello and Faruqi & Faruqi LLPO.

The Crest Sensitivity Treatment & Protection Class Action Lawsuit Settlement is Rossi v. The Procter & Gamble Company, Case No. 2:11-cv-07238, in the U.S. District Court of New Jersey.

UPDATE: Refunds from the Crest class action settlement were mailed to eligible Class Members in April 2014 in the form of a Visa gift card.