A class action lawsuit claims Rembrandt Deeply White tooth whitening products can’t possibly live up to the promises made on their labeling.
Plaintiffs Melanie Barber and Ki Burke of California and Joseph Gregorio of New York say that Rembrandt Deeply White + Peroxide toothpaste and mouthwash is falsely advertised as being able to whiten teeth beneath their outer surface.
In fact, the plaintiffs say the amount of peroxide in the subject products isn’t enough to get past the outer layer of tooth enamel.
Nor does the peroxide spend enough time in contact with teeth during normal brushing or rinsing to affect the teeth below their outer surface, they claim.
The plaintiffs point to specific representations on the label for Rembrandt Deeply White + Peroxide toothpaste that say the product “safely whitens below the enamel to help remove deep stains where they start.”
According to representations on its label, Rembrandt Deeply White toothpaste “[g]oes beyond surface stain whitening, to a radiant smile that shines from the inside and out.” The packaging for the mouthwash makes a similar representation, according to plaintiffs.
Plaintiffs also show an image from the defendants’ website that purports to illustrate how the peroxide from Rembrandt Deeply White products penetrates a tooth’s outer layer of enamel and reaches all the way to its dentin layer.
These representations can’t possibly be true, according to the Rembrandt Deeply White class action lawsuit. Plaintiffs say clinical studies have shown that for peroxide to penetrate into teeth, it must be applied for several hours per week and at much higher concentrations than are present in the disputed products.
Plaintiffs also say effective penetration can’t happen without holding the peroxide directly against the tooth, ideally using something like a custom-made whitening tray.
All three plaintiffs say that on at least one occasion within the past few years, they purchased Rembrandt Deeply White + Peroxide toothpaste, mouthwash, or both. They say they chose these products in reliance on the representations on their labels – in particular, those that said the products would whiten teeth beyond their outer surface.
Were it not for those representations, all three plaintiffs say they would not have purchased Rembrandt Deeply White products.
The plaintiffs propose to represent a plaintiff Class consisting of all persons in the U.S. who purchased Rembrandt Deeply White products within the applicable statute of limitations period.
Barber and Burke propose to represent a subclass consisting of Class Members who purchased the products in California, and Gregorio would represent a subclass of New York purchasers.
They seek an award of compensatory and punitive damages, or alternatively an order of restitution and disgorgement of profits improperly gained. They also seek an injunction that would prohibit the defendants from continuing their allegedly false advertising.
The plaintiffs are represented by attorneys Annick M. Persinger and L. Timothy Fisher of Bursor & Fisher PA and Antonio Vozzolo of Vozzolo LLC.
The Rembrandt Deeply White False Advertising Class Action Lawsuit is Melanie Barber, et al. v. Johnson & Johnson, et al., Case No. 8:16-cv-1954, in the U.S. District Court for the Central District of California.
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14 thoughts onRembrandt Class Action: Deeply White Toothpaste Can’t Reach Stains
I have sensitive teeth and this product didn’t harm me the fact that I’m forced to find another mouthwash is just stupid. I am pissed. If it didn’t work for you find something else. can they bring it back for those who actually love it. if your teeth is beyond help don’t expect it to help you. I rarely used it and my teeth would stay white. Even though i drank 7 grande cups of black tea. I constantly got complemented how white my teeth was.
Rembrandt tooth paste gave my teeth a squeaky clean feeling , but in the end it destroyed my teeth. Product was tooth strong, developed thinning teeth and decay
Rembrandt is my favorite toothpaste. This lawsuit sounds ridiculous. Maybe this product didn’t work for the plaintiff, but it did for many. One size does not fit all.
The creator of Rembrandt, Robert Ibsen was my dentist. Mr Ibsen pulled out 8 of my permanent teeth including one in the front middle bottom. My mouth became so small I couldn’t swallow properly. I needed 3 more years of orthodontic braces and Implant teeth to fix some of it.
Mr Ibsen was friends with my dad, who called Ibsen the worst shark he ever met. When i needed my mouth repaired I had to threaten to sue. Still cost me thousands out of pocket.
He used to call me to chat. This man had no compassion or empathy, he was an opportunistic shark.
Don’t feel bad if you sue for a product that over promises.
I have not only been one of the most loyal customers of Rembrandt product, but a very satisfied happy Rembrandt customer. I cannot believe how some people have to go to the extreme measures to make a quick buck from a company who lives up to what they advertised. These people must have extreme stained teeth that not even one of the best whitening products out on the market could help. So, in the end these people sound like crooks.
This product not only works but works very good!
I have been using it for years and I had beautiful white teeth.
My sons also had braces and rinsed their mouths nightly with the rinse and when they got the braces off their teeth were not only beautiful and straight but a beautiful white with no dark marks from 2 years of braces.
Not sure why it doesn’t work on some people but it sure had a beautiful effect on this families teeth.
I know try to go buy it and can’t find it anywhere. So now I have to have dentist bleach my teeth, which I hate.
Rembrandt was my favorite mouthwash and a favorite of friends and family. Can we sue the jerks who brought this class action lawsuit?
I agree. I loved that toothpaste and mouthwash. I hate that they ruined it for everyone else who got great results.
I, too agree with Joanna and Michelle. Bring it back …. relabeled if necessary!
I loved the whitening rinse. My teeth where so white I had people asking me what I used. It’s a shame some people ruined it for others.
Agree
How do I file?
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Rembrandt did nothing for my teeth. It’s a waste of money to keep buying this product seeing no results