ACT class action claims kids mouthrinse unsafe

ACT mouthrinse class action lawsuit overview:

• Who: Plaintiffs Patricia Gurrola, Deena Johnson, Eileen Aviles and Sushmadavi Lakeram filed a class action lawsuit against Chattem Inc.
• Why: The plaintiffs claim Chattem falsely advertised its ACT kids mouthrinse as safe for young children despite the fact it is not.
• Where: The ACT mouthrinse class action lawsuit was filed in Illinois federal court.

A new class action lawsuit claims Chattem Inc. falsely advertises its ACT kids mouthrinse as safe for young children.

Plaintiffs Patricia Gurrola, Deena Johnson, Eileen Aviles and Sushmadavi Lakeram filed the class action complaint Jan. 13 in an Illinois federal court, alleging violations of state and federal consumer laws.

According to the ACT class action, Chattem sells a popular kids mouthrinse product called ACT Anticavity Fluoride Rinse that it claims is safe for young children to use.

“ACT Rinse comes in a variety of bright colors and prominently features candy, fruit and cartoon imagery with the word ‘Kids’ emblazoned on the front label in rainbow-colored crayon-styled font, all of which conveys the clear impression that the product is meant for and safe for young children to use,” the ACT lawsuit says.

However, the plaintiffs allege the U.S. Food and Drug Administration considers fluoride mouthrinse to be too dangerous for children younger than age 6 to use.

ACT mouthrinse more dangerous for young children than adults, lawsuit claims

ACT Rinse, which has the same fluoride concentration as adult rinses, is actually more dangerous for young children than adult rinses because it comes in candy and fruit flavors that entice children to use and swallow more of the product, the lawsuit says.

The plaintiffs claim the FDA, American Dental Association, World Health Organization, American Academy of Pediatrics and the U.S. Centers for Disease Control and Prevention all warn against the use of fluoride mouthrinse in children  younger than age 6.

Despite these warnings, Chattem advertises the ADA’s approval on the ACT Rinse bottle without disclosing it is limited to older children, the plaintiffs say.

The lawsuit alleges Chattem’s labeling of ACT Rinse is false and misleading, putting the health of thousands of children at risk.

The plaintiffs look to represent anyone who purchased ACT Rinse for children younger than age 6 without the direction of a dentist, doctor or health care provider. They are suing for breach of implied warranty and violations of federal and state consumer laws and seeking certification of the class action, damages, fees, costs and a jury trial.

In 2023, a consumer hit Chattem Inc. with a class action lawsuit alleging it manufactures, labels and sells ACT Soothing Mint dry-mouth lozenges that are detrimental to oral health.

What do you think of the allegations in this ACT mouthrinse class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Michael Connett of Siri & Glimstad LLP.

The ACT mouthrinse class action lawsuit is Patricia Gurrola, et al. v. Chattem Inc., Case No. 1:25-cv-00366, in the U.S. District Court for the Northern District of Illinois.

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