CVS class action alleges Gum & Enamel Repair toothpaste falsely advertised

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CVS toothpaste class action lawsuit overview:

• Who: Plaintiff Gustavo Teran filed a class action lawsuit against CVS Pharmacy Inc.
• Why: CVS allegedly falsely advertises its Gum & Enamel Repair toothpaste as having a “clinically proven ingredient” that can reverse gingivitis.
• Where: The CVS class action lawsuit was filed in New York federal court.

CVS Pharmacy Inc. falsely represents that its Gum & Enamel Repair toothpaste can reverse gingivitis, according to a class action lawsuit filed Nov. 6 in New York federal court.

Plaintiff Gustavo Teran says he chose to purchase the CVS toothpaste after reading the label indicating the product contained a “Clinically proven ingredient to help reverse gingivitis.” Based on this representation, he believed the Gum & Enamel Repair toothpaste could repair gums and reverse gingivitis.

However, the class action lawsuit explains, gingivitis can only be reversed if the gum disease is detected early and no damage to the structures supporting the teeth has occurred.

Gum disease reversal typically requires deep dental cleaning, CVS class action says

The American Dental Association says gingivitis reversal requires the careful removal of plaque and tartar, which is difficult to accomplish without assistance from a dentist.

Teran notes that early-stage gingivitis may be cured with improved hygiene practices, but more advanced gum disease reversal requires periodic deep cleaning by a dentist.

“By claiming that the [CVS toothpaste] can ‘reverse gingivitis’ without any qualifications or limiting language, purchasers will expect that it can do what otherwise would require dental treatment,” the class action alleges.

The CVS toothpaste indicates its statement of identity is “Daily Fluoride Anticavity & Antigingivitis Toothpaste,” but the most prominent statement on the label is “Gum & Enamel Repair,” the class action lawsuit notes.

Further, its active ingredient is stannous fluoride, which the CVS class action lawsuit says does not provide gum repair. It only helps reduce the harmful effects of plaque associated with gingivitis, Teran explains.

The CVS class action lawsuit says receding gums do not grow back after the tissue has pulled away from the teeth. Therefore, the “Gum & Enamel Repair” claims on the CVS toothpaste label are deceptive and misleading because the product allegedly can only reduce, prevent or control gingivitis and not repair the damage, the lawsuit states.

“As a result of the false and misleading representations, the [CVS toothpaste] is sold at a premium price,” the CVS class action lawsuit alleges. 

Teran says he paid more for the CVS toothpaste than he would have if he had known the claims on the label were misleading, or he may not have purchased the product at all.

The class action lawsuit asserts claims for violation of various state consumer fraud acts, breach of warranty, fraud, and unjust enrichment.

Last year a consumer hit Procter & Gamble with a similar class action lawsuit alleging the company falsely advertised Crest and Oral-B toothpastes as curing gum damage.

What do you think about the allegations that the CVS toothpaste is falsely advertised as providing gum repair benefits? Join the discussion in the comments.

Teran is represented by Spencer Sheehan of Sheehan & Associates PC.

The CVS toothpaste class action lawsuit is Gustavo Teran v. CVS Pharmacy Inc., Case No. 1:22-cv-09486, in the U.S. District Court for the Southern District of New York.

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