Regular Listerine use associated with bacteria, cancer, class action claims

Listerine class action overview: 

• Who: A Listerine user is suing Johnson & Johnson.
• Why: The plaintiff alleges the mouthwash is linked to cancer risks.
• Where: The Listerine class action was filed in a California federal court.

A new class action lawsuit alleges that the companies behind Listerine mouthwash don’t tell consumers that the product is linked to cancer risks.

Plaintiff Paige Vasseur filed the class action complaint against Johnson & Johnson Consumer Inc. and Kenvue Inc. on Sept. 3 in a California federal court, alleging violations of state and federal consumer laws.

Vasseur claims the companies’ Listerine Cool Mint Antiseptic Mouthwash misleads consumers by omitting critical health risks. She says the companies fail to warn consumers that regular use of the mouthwash could lead to the proliferation of bacteria linked to serious illnesses, including multiple forms of cancer. 

According to the lawsuit, bacteria, such as streptococcus anginosus and fusobacterium nucleatum, which are associated with oral, colorectal, pancreatic and breast cancers, can thrive with prolonged use of the product.

“Nowhere on the product’s packaging or labeling do Defendants disclose that the product leads to the proliferation of cancer-causing bacteria,” the Listerine lawsuit alleges. 

Instead, the company markets Listerine as a solution to prevent oral health problems, claiming it “kills 99% of germs that cause bad breath, plaque & gingivitis” and promotes “a fresher and cleaner mouth than brushing alone.”

Consumers wouldn’t buy product if they knew risks, lawsuit claims

Vasseur, who has purchased Listerine since 2019, says she relied on the companies’ claims and would not have bought the product if she had known about the potential risks. 

The lawsuit highlights a specific instruction on Kenvue’s website, which directs consumers to use Listerine twice daily for 30 seconds. While the product warns against use by children under 12 and cautions against swallowing, Vasseur argues these warnings fail to address the risks posed by regular use.

“Consumers trust manufacturers to sell products that are safe and free from harmful side effects,” the Listerine lawsuit says. 

As a result, the lawsuit seeks to represent anyone else in the United States who bought the Listerine mouthwash. Vasseur is suing for violations of California’s consumer protection laws, including the Unfair Competition Law and the False Advertising Law, as well as fraudulent concealment and unjust enrichment and she seeks certification of the class action, damages, fees, costs and a jury trial. 

Meanwhile, in March, Nutraceutical Corporation issued a mouthwash recall for 102,100 of its Heritage Store Hydrogen Peroxide mouthwash products because the ethanol content requires child-resistant packaging.

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

The plaintiff is represented by Trenton R. Kashima of Milberg Coleman Bryson Phillips Grossman PLLC and Jonathan Shub of Shun & Johns LLC.

The Listerine class action lawsuit is Paige Vasseur v. Johnson & Johnson Consumer Inc. et al, Case No. 2:24-cv-07487 in the U.S. District Court for the Central District of California.

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