Anna Bradley-Smith  |  April 14, 2021

Category: Consumer News

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Unilever class action lawsuit filed over false advertising charcoal toothpaste claims

Procter & Gamble faces a new class action lawsuit alleging “negligent misrepresentation” and false advertising of its Crest charcoal toothpaste products.

The nationwide class action lawsuit filed on April 13 in the Southern District of Ohio comes less than one month after the company was hit with another class action about the same Crest charcoal products.

In the latest class action, lead Plaintiffs Erica Parks and Daniel Durgin say that the company falsely and negligently advertised activated charcoal products, despite the products being ineffective and possibly harmful.

 Crest promotes its charcoal toothpastes as whitening, cleansing, gentle, detoxifying, penetrating, enamel-safe, and cavity-fighting, according to the class action.

“Multiple claims are printed on the product packaging and tube labels of the Charcoal Toothpastes, including: “Up to 100% Surface Stain Removal in 5 Days”, “Deeply Cleans and Removes Stains”, and “Enamel Safe Whitening”.”

However, the Procter & Gamble class action states that the claimed benefits, attributes, safety, and functionality of the toothpastes are debunked or unsubstantiated by scientific evidence.

Both Parks and Durgin say that they would not have purchased the charcoal products had they known the truth, but due to the company’s misrepresentations, they “suffered injury in fact and ascertainable losses.”

Parks says that the company preys on people, like herself, who feel they need to have whiter teeth to fit in by selling the unfounded and possibly hazardous charcoal products.

“After visually examining her teeth, she discovered her teeth were not becoming whiter and that the Crest product left a black residue on her teeth,” says the class action of Parks’ experience.

Durgin also bought Crest charcoal toothpaste in the hopes of whitening his teeth, explains the lawsuit, and he chose a product called Whitening Therapy that said that it would provide a “deep clean.”

However, after buying the product Durgin read a Men’s Health article that alerted him to the ineffectiveness and potential harm from charcoal toothpastes, according to the class action.

“He became concerned about his use of the product (that it was not only ineffective as a whitener, but that is also may not be safe to use and may cause damage to his teeth).”

The Procter & Gamble class action says both Parks and Durgin suffered economic loss and damages due to false advertising. Crest sells its charcoal products at a $1-2 premium, according to the claim.

The class action states that opportunistic marketers, celebrities, and social media influencers tout a variety of activated charcoal products for purported detoxifying properties and other enhanced wellbeing and health benefits, which consumers have been willing to pay a premium for.

However, it states a consensus of respected dentists, researchers, and industry experts weighs against the use of charcoal toothpastes due to the lack of scientific evidence, as well as risks of harm.

“Just because something is popular doesn’t mean it’s safe,” states the lawsuit. It adds that the products are ineffective and inadequate for dental hygiene maintenance as they allegedly cause abrasive damage to enamel and gums, oral health effects from abrasive damage, and negative aesthetic results.

“Crest nonetheless aggressively proceeded with its opportunistic marketing campaign, claiming to be conscientious and trustworthy on its Charcoal Toothpastes in order to secure consumer confidence, while negligently and recklessly making false, misleading, unsubstantiated, or impossible claims on its benefits and properties.”

Parks and Durgin want to represent a nationwide Class of consumers who bought Crest charcoal products, and also Florida and Massachusetts subclasses.

They are suing for breach of warranty, negligent and intentional misrepresentation, and unjust enrichment, and are seeking certification of the Class, restitution, damages, legal fees, interest, and a jury trial.

Do you use charcoal toothpaste? Have you noticed any change in the color of your teeth? Let us know in the comments section!

Marc E. Dann and Brian D. Flick of  Dann Law, William B. Federman of Federman & Sherwood and David Pastor of Pastor Law Office, LLP.

The Crest Charcoal Toothpaste Class Action Lawsuit is Parks v. Procter & Gamble Co., et al., Case No. 1:21-cv-00258-MWM, in the U.S. District Court for the Southern District of Ohio Western Division at Cincinnati.

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410 thoughts onProcter & Gamble Hit With Another Lawsuit Over “Harmful” Crest Charcoal Toothpaste

  1. Erica parks says:

    lmao @ these add me add meeeeeeeeeee liars

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