Anne Bucher  |  January 10, 2017

Category: Closed Class Actions

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A $15.5 million settlement has been reached in a class action lawsuit alleging the fluoride content in certain chewable fluoride tablets was overstated.

If you purchased chewable multivitamin tablets with fluoride, you may be entitled to a cash payment from the class action settlement.

The defendants named in the fluoride tablet class action lawsuit include Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Generics International (US Parent) Inc., Generics International (US) Inc. and Vintage Pharmaceuticals LLC.

The fluoride chewable tablet settlement will resolve a class action lawsuit which was filed in December 2015 and alleges the defendants misrepresented the amount of fluoride contained in certain Qualitest Pharmaceuticals, Vintage Pharmaceuticals and Physician Total Care brands of fluoride chewable tablets.

Plaintiff Shannon Mahoney asserts that the chewable tablets contained only 44 percent of the fluoride ion claimed on the label and package insert.

Mahoney alleges that the defendants marketed and sold the fluoride chewable tablets in three different concentrations: 1 milligram, 0.05 milligrams and 0.25 milligrams of fluoride per tablet.

According to the fluoride tablet class action lawsuit, the concentration is specified by the physician who writes the prescription and the specific concentration is disclosed on the product label.

“From some point in 2007 through July 2013, however, the Qualitest Chewable Tablets Defendants manufactured consistently contained less than 50% of the amount of fluoride claimed on their labels,” Mahoney alleges in the fluoride tablet class action lawsuit. “Defendants misrepresented the true dosage of Qualitest products for years and deceived millions of parents, dentists, and pediatricians as to the amount of fluoride being delivered to children.”

The defendants attempted to dismiss the fluoride tablet class action lawsuit, but their attempts were denied. The parties reportedly began settlement negotiations in the summer of 2016.

The defendants deny the allegations but agreed to settle the fluoride tablet class action lawsuit to avoid the uncertainty and expense of ongoing litigation.

Class Members who would like to opt out of or object to the fluoride tablet settlement must do so no later than Apr. 17, 2017.

Who’s Eligible

Class Members include anyone who, between Oct. 31, 2007 and Dec. 31, 2015, paid for chewable tablets branded Qualitest Pharmaceuticals, Vintage Pharmaceuticals or Physicians Total Care, which purportedly contained 1 mg, 0.5 mg or 0.25 mg doses of fluoride.

Consumer Class Members include individuals who paid for some or all of the costs of the chewable tablets. Third Party Payor Class Members include entities that are parties to a contract, issuer of a policy or sponsor of a plan that paid for or reimbursed all or part of the cost of chewable tablets.

Potential Award

To Be Determined. The amount each claimant will receive from the chewable tablets settlement depends on several factors, including the amount of chewable tablets they purchased during the Class Period and the total number of claims filed.

Proof of Purchase

None required, unless the Class Member is submitting a claim for more than $250.

Claim Form Deadline

4/17/2017

Case Name

Mahoney v. Endo Health Solutions Inc., et al., Case No. 15-cv-09841 (DLC), in the U.S. District Court for the Southern District of New York

Final Hearing

6/16/2017  UPDATED

UPDATE: The Fluoride Chewable Tablets settlement was granted final approval on June 23, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On Oct. 23, 2017, Top Class Actions viewers who filed valid claims for the chewable fluoride tablet class action settlement started receiving checks in the mail worth as much as $57.88. Congratulations to everyone who got PAID!

UPDATE 3: On Jan. 3, 2019, Top Class Actions viewers are starting to receive their second check from a fluoride chewable tablets settlement worth as much as $30.93.

Claims Administrator

Fluoride Tablet Settlement
c/o A.B. Data Ltd.
P.O. Box 173017
Milwaukee, WI 53217
800-983-6133
info@FluorideTabletsSettlement.com

Class Counsel

David M. Buckner
Seth E. Miles
Brett E. von Borke
BUCKNER + MILES

Ryon McCabe
Robert C. Glass
MCCABE RABIN PA

Defense Counsel

Jonathan Stern
ARNOLD & PORTER LLP

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128 thoughts onFluoride Chewable Tablets Class Action Settlement

  1. news says:

    Any new news what’s going on and how long until a update

  2. Denise says:

    Any update on anything? Since I have two children that were taking the vitamin and I received two postcards in the mail about both kids, does that mean I will get 250$ per child? Let me know, Denise

  3. DeAndre Maddox says:

    Any Updates

    1. Top Class Actions says:

      No appeals were filed to the final approval, which is good news. According to the settlement agreement, the settlement was supposed to be funded 30 days after the Effective Date, which was approximately 7/24/17. However, it is not known how quickly claims will be paid.

  4. John Boeheim says:

    Sounds like the average claim will receive $250?

  5. GodFearingWoman says:

    Not everything requires a response. Sometimes it best to allow the DEAD to sleep. Less noise!!!

  6. Checky McSoonface says:

    According to Debra Dowell the checks will be mailed soon. Sooner if we keep asking. Debra are the checks coming soon?

    1. Elyssia says:

      LOL I love your name. There’s no way they’ll be mailed sooner just because we asked! Wouldn’t that be nice… Just in case.. Have the checks been mailed out yet?? lmao.

  7. Elyssia says:

    Why would it be August 23rd? 30 days after the hearing would be JULY 23rd. Just wondering if its 30 or 60 days…

    1. MzUnderstood says:

      It’s usually 60 to 90 days after approval.

      1. Elyssia says:

        damn i thought it was 30. Thanks for the info!

  8. Eddie zarrin zarrinkhak says:

    Debra Dowell,
    Any update when are the checks being mailed out ?

    1. MzUnderstood says:

      Anytime after August 23, 2017 unless there are appeals filed.

    2. Adam Wylie says:

      LOL … ROFL …

    3. Adam Wylie says:

      dat waaay funny — Eddie got comedy!!

  9. Top Class Actions says:

    UPDATE: The Fluoride Chewable Tablets settlement was granted final approval on June 23, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

  10. Debra Dowell says:

    I would like to dedicate my very first post ever on top class actions to all of you who can not read and continuously ask the same redundant question, “WHEN ARE CHECKS GETTING MAILED OUT?” Let me answer that stupid question with a question. Doesn’t the Final Hearing have to happen and doesn’t the JUDGE have to approve the class action first before any one receives compensation? Oh, let’s not forget the 30 day wait after the final hearing and that’s only if there is no objections. Or, am I wrong and claims get paid before the final hearing? Yeah, I didn’t think so.
    How about everyone read the whole description of Who, what, where, and WHEN of each class action lawsuit before you file a claim on everything that you think you can get money from. That way at least you can stop driving the rest of us sane people crazy with the same stupid redundant question. You get paid when it is time to get paid. And do you now know when that is? Hum…..,

    1. Top Class Actions says:

      The final hearing isn’t until 6/9/17. Claims will not be paid until after the final hearing occurs, and the court issues final approval of the settlement. Please keep checking TCA for updates. We will let our viewers know as soon as the settlement receives final approval!

    2. Mr. Navy Federal says:

      Debra, when are they checks coming? Is it soon?

    3. Top Class Actions says:

      The final hearing has been rescheduled to 6/16/16. Claims will not be paid until after the final hearing takes place, and the settlement is granted final approval. Please keep checking TCA for updates.

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