ACT class action alleges dry-mouth lozenges have detrimental oral health effects

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

ACT dry mouth lozenges class action lawsuit overview: 

• Who: Mohamad Tlaib filed a class action lawsuit against Chattem Inc. 
• Why: Tlaib claims Chattem sells an ACT dry-mouth lozenge that is detrimental to the oral health of those who use it. 
• Where: The class action lawsuit was filed in Illinois federal court. 

Chattem Inc. manufactures, labels and sells ACT Soothing Mint dry-mouth lozenges that are detrimental to oral health, a new class action lawsuit alleges.

Plaintiff Mohamad Tlaib claims the ACT dry-mouth lozenges have a pH level “below the critical pH of tooth enamel and root denim,” meaning they can allegedly lead to demineralization, dental erosion, sensitivity and caries.

Tlaib argues Chattem is misleading consumers by allegedly failing to disclose to them the likelihood that individuals who use its ACT dry-mouth lozenges will suffer detrimental oral health effects. 

“In light of the Product’s pH, it is misleading to market it to persons suffering from dry mouth because it will have a detrimental effect on oral health,” the ACT class action states. 

The plaintiff wants to represent an Illinois class and multistate consumer fraud class of individuals who have purchased the ACT Soothing Mint dry-mouth lozenges during the statutes of limitations. 

ACT Soothing Mint dry-mouth lozenges have pH below critical acidity level needed to maintain oral health, says class action

Laboratory testing has shown the ACT dry-mouth lozenges have a pH of 5.72, below the critical acidity level of 6.7 pH or higher needed to avoid contributing to tooth decay, according to the ACT class action. 

“It is essential these products do not have pH values below the critical pH of enamel or root dentin, the pH below which tooth structure begins to erode,” the ACT class action states. 

The plaintiff claims Chattem is guilty of fraud, unjust enrichment and negligent misrepresentation and is in violation of the Magnuson Moss Warranty Act, several state consumer fraud acts and the Illinois Consumer Fraud and Deceptive Business Practices Act. 

Plaintiff is demanding a jury trial and requesting injunctive relief along with an award of monetary, statutory and/or punitive damages for himself and all class members. 

In another case involving oral medication, a class action lawsuit was filed last month against Ricola USA by a consumer claiming the company misrepresents its green tea with echinacea throat drops since they allegedly get their cough suppressing ability from menthol. 

Have you purchased an ACT brand dry mouth lozenge? Let us know in the comments. 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The ACT dry mouth lozenges class action lawsuit is Tlaib, et al. v. Chattem Inc., Case No. 1:23-cv-00376, in the U.S. District Court for the Northern District of Illinois. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Luden’s class action alleges Wild Cherry lozenges don’t actually contain cherries
• Ricola class action alleges company falsely advertises botanical benefits of green tea with echinacea throat drops
• Bair hugger lawsuit plaintiffs blame deep joint infections on surgical blanket
• Epinephrine recalled due to discoloration