Baby Orajel Class Action Seeks Refunds for ‘Unsafe’ Teething Products

Three plaintiffs have filed a class action lawsuit alleging Baby Orajel teething products have been associated with adverse side effects, but that the manufacturers have not offered any refunds to consumers who purchased the “useless and unsafe” products.

Plaintiffs Lisa Corbett, Laura Kasiotis and Jennifer O’Neill allege that they purchased the now-recalled Baby Orajel teething products. They claim that they have been injured because they purchased products that are unsafe to use and are therefore worthless.

The plaintiffs allege they bought several Baby Orajel products, including Baby Orajel Naturals Tablets for Teething Pain, Baby Orajel Naturals Gel for Teething Pain, Baby Orajel Naturals Gel for Teething Pain Nighttime Formula, and Baby Orajel Naturals Nighttime Gel. O’Neill says she purchased a Hyland’s Teething Tablets, a similar homeopathic teething remedy.

The Baby Orajel class action lawsuit names Church & Dwight Co. Inc., Standard Homeopathic Company, CVS Health Corporation and Target Corporation as defendants.

Church & Dwight manufactures the Orajel products, and Standard Homeopathic manufactures homeopathic teething products sold under the Hyland’s brand. CVS and Target are retailers that sold these allegedly unsafe teething products.

According to the Baby Orajel class action lawsuit, the defendants marketed their homeopathic teething products as effective remedies to help soothe the discomfort of teething babies. The plaintiffs assert that the defendants misled consumers about the safety of their products.

The plaintiffs point to a statement on Hyland’s website indicating that a 10-pound child would need to “accidentally ingest, all at the same time, more than a dozen bottles of 135 Baby Teething Tablets before experiencing” certain adverse effects.

The Orajel class action lawsuit also points to claims by Church & Dwight that its homeopathic Orajel teething tablets would “help soothe your baby’s teething pain safely and naturally.”

In 2010, the U.S. Food and Drug Administration reportedly issued a warning that Hyland’s Teething Tablets may be dangerous for children and that Hyland’s was issuing a recall of the product, according to the homeopathic teething products class action lawsuit.

The FDA stated that the products contained inconsistent amounts of belladonna, a substance that can be dangerous when large doses are consumed.

Hyland’s reportedly modified its manufacturing process and began selling its homeopathic teething products again in July 2011, assuring consumers that the products were safe.

In April 2011, the FDA issued a warning that it had received reports of a “serious and potentially fatal adverse effect” that is associated with benzocaine products. According to the homeopathic remedy class action lawsuit, benzocaine is a local anesthetic that is used in products like Baby Orajel.

In September 2016, the FDA reportedly issued a warning recommending consumers to discontinue the use of homeopathic teething products and gels due to the risk they pose to infants and children.

The defendants have since pulled their homeopathic teething products from the market, but the plaintiffs assert that they failed to adequately warn consumers that the products may be dangerous.

By filing the homeopathic teething products class action lawsuit, the plaintiffs seek to represent a Class of consumers in New York and Connecticut who purchased Baby Orajel and/or Hyland’s Baby Teething products. They assert claims for violations of New York and Connecticut business law, breach of the implied warranty of merchantability and breach of contract.

The plaintiffs are represented by Jeffrey I. Carton, Myles K. Bartley and Robert J. Berg of Denlea & Carton LLP.

The Baby Orajel Class Action Lawsuit is Lisa Corbett, et al. v. Church & Dwight Co. Inc., et al., Case No. 7:16-cv-08687, in the U.S. District Court for the Southern District of New York.

UPDATE: The Orajel Class Action Lawsuit was dismissed on January 31, 2019.