Ashley Milano  |  July 22, 2016

Category: Legal News

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chewable fluoride tabletsEndo Health Solutions must face a consumer class action lawsuit alleging the company misleadingly promoted their Qualitest Multi-Vitamin with Fluoride Chewable Tablets as having amounts of fluoride they did not actually contain.

Fluoride helps prevent tooth decay but approximately 95.5 million Americans do not receive fluoride through their community’s water source.

In communities that do not have fluoridated water, the American Dental Association and the American Academy of Pediatrics recommend that children under 16 years of age receive daily dietary fluoride through prescribed chewable fluoride tablets.

On July 20, U.S. District Judge Denise Cote trimmed down certain allegations in the class action action in favor of Endo, but allowed Plaintiff Shannon Mahoney’s claims for violation of New York general business law, breach of express warranty, fraud and fraudulent concealment to proceed.

“The defendants allegedly knew that the master formula for the [vitamin] tablets differed from the fluoride concentration listed on the labels and package inserts,” Judge Cote said, stating that Endo even “admitted that the tablets were sub-potent and did not deliver the dosage of fluoride ion indicated on the labels.”

“These facts constitute strong circumstantial evidence of scienter and therefore satisfy … [fraud] pleading requirements,” the judge added.

Mahoney, a New York resident, brought the putative class action lawsuit on behalf of a national class as well as a New York class against Endo Health Solutions Inc. and several related corporations.

The mother of two alleges that she and other Class Members suffered an economic loss when they purchased Qualitest Multi-Vitamin with Fluoride Chewable Tablets which are available by prescription for children who do not have access to fluoridated drinking waters.

Mahoney claims that Endo Health Solutions marketed and labeled the fluoride tablets as having a certain concentration of fluoride, when in fact the concentration of fluoride was much lower than the label indicated and lower than the medically-recommended dosage of 2.2 milligrams of sodium fluoride to yield 1 milligram of fluoride ion.

According to Mahoney, the sub-therapeutic dosage of fluoride in the tablets held essentially the same effect as a placebo and she never would have purchased the fluoride tablets had she known that their labels were incorrect.

Endo recently settled a related qui tam whistleblower lawsuit, where the company admitted that “the product labeling for [the Tablets] included dosage information, which stated the supplements contained 1.0 mg, 0.5 mg, or 0.25 mg of fluoride, respectively” and that the the multivitamin tablets contained approximately “44% of the fluoride ion recommended by the ADA-AAP Guidelines.”

Mahoney’s complaint was filed on Dec. 17, 2015, the day after the settlement was approved.  Endo moved to dismiss the class action lawsuit in February and Mahoney filed an amended complaint in March, to which Endo renewed its motion to dismiss the case.

Mahoney is represented by Ryon McCabe and Robert Glass of McCabe Rabin PA, Brett Von Borke of Grossman Roth PA and David Buckner of Buckner & Miles.

The Endo Health Solutions Fluoride Tablets Class Action Lawsuit is Mahoney v. Endo Health Solutions, Inc. et al., Case No. 1:15-cv-09841, in the U.S. District Court for the Southern District of New York.

UPDATE: The fluoride chewable tablet class action settlement is now open! Click here to file a claim.

UPDATE 2: On Oct. 23, 2017, Top Class Actions viewers who filed valid claims for the chewable fluoride tablet class action settlement started receiving checks in the mail worth as much as $57.88. Congratulations to everyone who got PAID!

UPDATE 3: On Jan. 3, 2019, Top Class Actions viewers are starting to receive their second check from a fluoride chewable tablets settlement worth as much as $30.93.

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One thought on Class Action over Children’s Chewable Fluoride Multivitamins Moves Forward

  1. Top Class Actions says:

    UPDATE: The fluoride chewable tablet class action settlement is now open! Click here to file a claim.

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