CVS class action alleges retailer falsely advertises fluoride-free antiplaque & whitening toothpaste

CVS toothpaste class action lawsuit overview: 

• Who: Erzen Krivca filed a class action lawsuit against CVS Pharmacy Inc. 
• Why: Krivca claims CVS falsely advertises the antiplaque and gingivitis relief benefits of its “Certified Natural” CVS Health-brand “Fluoride Free” and “Antiplaque & Whitening” toothpaste. 
• Where: The class action lawsuit was filed in New York federal court. 

CVS Pharmacy manufactures, labels, and sells “Certified Natural” CVS Health brand “Fluoride Free” and “Antiplaque & Whitening” toothpaste that neither reduces gingivitis nor has anti-plaque benefits. 

Plaintiff Erzen Krivca claims CVS falsely advertises the product to consumers who expect it to have non-fluoride ingredients that “have a therapeutically significant effect in reducing plaque and acting against gingivitis.” 

Krivca argues consumers are seeking out toothpaste products that do not contain fluoride — on account of a misbelief that the chemical is harmful — but rather “fluoride alternative ingredients” that remove or reduce plaque. 

“While the ingredients do not include fluoride, they do not contain any comparable active ingredients which remove or reduce plaque, thereby preventing gingivitis, by nonmechanical means,” the CVS class action states. 

CVS Health toothpaste does not significantly reduce plaque, fight gingivitis, class action says

Krivca claims the first ingredient in the CVS Health toothpaste product, dicalcium phosphate dihydrate, has been deemed ineffective by the U.S. Food and Drug Administration as an antigingivitis agent, while its eighth ingredient, sodium bicarbonate, only works in “high dosages” with “extended exposure time.” 

“Consumers buying the Product expect it will contain non-fluoride ingredients that have a therapeutically significant effect in reducing plaque and acting against gingivitis,” the CVS class action states. 

Krivca wants to represent a New York class and multistate consumer fraud class of individuals who have purchased the CVS Health toothpaste product. 

CVS is accused of unjust enrichment and fraud, and of violating the Magnuson Moss Warranty Act, several state consumer fraud acts and New York General Business Law. 

Plaintiff is demanding a jury trial and requesting an award of monetary, statutory and/or punitive damages for himself and all class members. 

A separate class action lawsuit was filed against CVS in August by a consumer arguing the company misled customers about the healing benefits of its hydrogen peroxide products. 

Have you purchased CVS Health-brand “Fluoride Free” and “Antiplaque & Whitening” toothpaste? Let us know in the comments.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The CVS toothpaste class action lawsuit is Krivca, et al. v. CVS Pharmacy Inc., Case No. 1:22-cv-10468, in the U.S. District Court for the Southern District of New York. 

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