Edited by: Joe Sutton  |  July 28, 2025

Category: Legal News
Person holding smartphone with logo of US consumer goods company Church Dwight Co. Inc. on screen in front of website. Focus on phone display.
(Photo Credit: T. Schneider/Shutterstock)

Church & Dwight class action lawsuit overview:

  • Who: Plaintiff Bryan Swetz filed a class action lawsuit against Church & Dwight Co. Inc.
  • Why: Swetz claims Church & Dwight falsely advertised its Zicam and Orajel products as safe for consumption when they allegedly contain fungi.
  • Where: The Church & Dwight class action lawsuit was filed in New York federal court.

A new class action lawsuit claims Church & Dwight falsely advertised its Zicam and Orajel products as being safe for consumption when they allegedly contain fungi that can cause health problems.

Plaintiff Bryan Swetz claims Church & Dwight failed to disclose that its Zicam Cold Remedy Nasal Swabs, Zicam Nasal AllClear Swabs and Orajel Baby Teething Swabs products contain the fungi Penicillium sumatraense, Penicillium citrinum and Exophiala spiniphera.

Swetz argues Church & Dwight marketed the Zicam and Orajel products as safe despite the fact that the fungi they allegedly contain can cause serious health problems, such as pneumonia, kidney disease and cutaneous lesions.

“Consumers like Plaintiff trust manufacturers such as Defendant to sell products that are safe and free from known harmful substances, including the Fungi,” the Church & Dwight class action states.

Church & Dwight recall of Zicam, Orajel insufficient, class action claims

Swetz claims Church & Dwight’s recall of the Zicam and Orajel products on June 6 and June 10, 2025, is insufficient since it failed to adequately inform consumers of the potential health risks nor did it provide clear instructions for obtaining refunds.

“Plaintiff and other consumers purchased the Products under the reasonable impression that they were free of fungal contamination,” the Church & Dwight class action states. 

“Because Plaintiffs were misled into purchasing Products that contain the Fungi and are hazardous to human health, they are entitled to the opportunity to return the contaminated Products in exchange for a full refund,” it added.

Swetz claims Church & Dwight is guilty of unjust enrichment and of violating New York General Business Law. He demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, statutory and punitive damages for himself and all class members.

Earlier this year, Zicam agreed to a $6 million settlement to resolve claims its cold remedy products are falsely advertised as able to shorten the duration of colds.

Have you purchased Zicam or Orajel products? Let us know in the comments.

The plaintiff is represented by Philip J. Furia and Jason P. Sultzer of Sultzer & Lipari PLLC and Nick Suciu III of Milberg Coleman Bryson Phillips Grossman PLLC.

The Church & Dwight class action lawsuit is Swetz v. Church & Dwight Co. Inc., Case No. 7:25-cv-04932, in the U.S. District Court for the Southern District of New York.


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43 thoughts onZicam and Orajel users file lawsuit over fungi contamination, health risks

  1. Howard Penner says:

    I’ve been buying this for years. Count me in

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