CVS class action claims Dry Mouth Discs falsely advertised as dietary supplement

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CVS Dry Mouth Discs class action overview: 

• Who: A CVS customer is suing the pharmacy chain.
• Why: The plaintiff alleges CVS sells dry mouth discs that erode consumers’ teeth.
• Where: The CVS Dry Mouth Discs class action was filed in an Illinois federal court.

CVS sells dry mouth discs that purport to be beneficial for oral health, however they are so acidic they can erode users’ teeth, a new class action lawsuit alleges.

Plaintiff John Swiatek filed the class action lawsuit against CVS Pharmacy Inc on March 11 in an Illinois federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, CVS sells “Dry Mouth Discs” described as a “dietary supplement,” promising to “Promote a healthy mouth” and “Freshen breath” under its CVS Health brand.

To alleviate symptoms of dry mouth, the product tells purchasers its use will “provide lasting moisture,” next to a body of water with droplets of water, referencing its ability to stimulate saliva production and provide lubricating effects.

Notwithstanding whether the product can stimulate saliva, it is highly acidic, with a pH of 5.3, significantly less than the critical pH of enamel or root dentin, between 6 and 6.9.2, Swiatek says.

“The result is that the tooth structure begins to erode, confirmed by one study showing use of the Product caused 1% tooth loss,” he says.

Dangers of acidic mouth products well know, lawsuit alleges

The dangers of oral moisturizers have been known to dental professionals through publications in dental journals for some time, the lawsuit alleges.

“In light of the Product’s acidity, its representation as beneficial to oral health and the alleviation of dry mouth is misleading,” it says.

“This is because, in part, it fails to inform purchasers of the likelihood of demineralization, dental erosion, greater sensitivity, and higher incidences of dental caries.”

Swiatek says he was not aware that, because of the product’s acidity, it was detrimental to oral health. He’s seeking to represent an Illinois class of consumers who purchased the product, plus a consumer fraud multi-state class of consumers from Utah, North Dakota, Kansas, Mississippi, Arkansas, Alaska, Wyoming and South Carolina.

Swiatek is suing under Illinois consumer law and for breach of warranty, negligent misrepresentation and unjust enrichment and seeks certification of the class action, damages, fees, costs and a jury trial.

Last year, CVS Pharmacy was hit with a class action lawsuit alleging it manufactures, labels, and sells “Certified Natural” CVS Health brand “Fluoride Free” and “Antiplaque & Whitening” toothpaste that neither reduces gingivitis nor has anti-plaque benefits.

What do you think of the allegations against CVS in this case?

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates P.C. 

The CVS class action lawsuit is John Swiatek et al., v. CVS Pharmacy Inc., Case No. 1:23-cv-01523 in the U.S. District Court for the Northern District of Illinois.

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