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Rite Aid dry mouth discs class action lawsuit overview:
- Who: Elba Poppiti filed a class action lawsuit against Rite Aid Corp.
- Why: Poppiti claims Rite Aid misrepresents that its Oral Care Dry Mouth Discs are beneficial to oral health.
- Where: The class action lawsuit was filed in New York federal court.
- What are my options: Try Quip for dental health alternatives.
Rite Aid sells dry mouth discs that are highly acidic and contribute to dental erosion, a new class action lawsuit alleges.
Plaintiff Elba Poppiti claims Rite Aid’s Oral Care Dry Mouth Discs have a lower pH balance than required to prevent the product contributing to “demineralization, dental erosion, sensitivity, and caries.”
Poppiti argues the company ultimately misrepresents its dry mouth discs as being beneficial to oral health them as and misleads consumers by marketing that they are “able to alleviate symptoms of dry mouth.”
“This is because it fails to inform purchasers of the likelihood of demineralization, dental erosion, greater tooth sensitivity and higher incidences of dental caries,” the class action states.
Poppiti wants to represent a New York class and multistate consumer fraud class of individuals who have purchased the dry mouth discs during the statutes of limitations for each alleged cause of action.
Rite Aid dry mouth discs don’t have high enough pH, class action says
Poppiti argues Rite Aid Oral Cry Dry Mouth Discs have a pH of 5.1, making them highly acidic and less than the 6.7 pH level they would allegedly need to prevent from being harmful to oral health.
“According to independent testing, the Product is highly acidic, with a pH of 5.1, significantly less than the critical pH of enamel or root dentin, between 6 and 6.9,” the class action states.
Poppiti claims Rite Aid is guilty of unjust enrichment and fraud, and of violating the Magnuson Moss Warranty Act, various state consumer fraud acts and New York General Business Law.
Plaintiff is demanding a jury trial and requesting an award of monetary, statutory and punitive damages for themselves and all class members.
A similar class action lawsuit was filed against CVS Pharmacy in March by a consumer arguing the company sells dry mouth discs that contribute to tooth erosion.
Have you purchased Rite Aid’s Oral Care Dry Mouth Discs? Let us know in the comments.
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.
The Rite Aid dry mouth discs class action lawsuit is Poppiti, et al. v. Rite Aid Corp., Case No. 1:23-cv-03914, in the U.S. District Court for the Southern District of New York.
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16 thoughts onRite Aid class action claims retailer falsely advertises Oral Care Dry Mouth Discs as beneficial
I’ve been using the discs nightly for years, and receipts since I started buying them on line a couple years ago. I have had issues during that time including my first root canal and some cavities.
When purchased, these were of no help to my oral hygiene whatsoever