Class Action Alleges CVS Pharmacy Dry Mouth Discs Falsely Advertised as Able to ‘Promote a Healthy Mouth’

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A proposed class action alleges that CVS Health Dry Mouth Discs are falsely advertised as able to “promote a healthy mouth” by “[providing] lasting moisture.”

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The 12-page lawsuit contends that, regardless of whether the dry mouth discs are able to alleviate symptoms of dry mouth by stimulating saliva, CVS Pharmacy fails to warn consumers that the product’s high acidity is harmful to teeth. As a result, CVS has misrepresented the dietary supplement as beneficial to oral health, the case charges.

Laboratory analysis shows that acidic oral moisturizers with pH levels less than 6.7 can erode tooth structure, the filing says. The complaint relays that the CVS Health product may contribute to dental erosion, demineralization, greater sensitivity and higher incidences of dental caries due to its pH of 5.3, which is significantly lower than the critical pH of enamel or root dentin.

The suit further alleges CVS violated federal regulations by claiming that its dry mouth discs, advertised as a “dietary supplement,” can mitigate, treat or cure salivary gland disorders. More specifically, the product’s packaging unlawfully promises to alleviate the effects of dry mouth or xerostomia, a condition that affects about a quarter of the population, by providing “lasting moisture,” the case contends.

The plaintiff, an Illinois resident who has bought the oral moisturizers throughout the past three years, says he was unaware that the product was “detrimental to oral health” and that it was not authorized to claim to mitigate salivary gland disorders.

The plaintiff says he would have paid less for the dry mouth discs, which he bought at a premium price of approximately $9.29 per 40 discs, or would not have purchased them at all had he known that CVS mispresented the product.

The lawsuit looks to represent anyone in Illinois, Utah, North Dakota, Kansas, Mississippi, Arkansas, Alaska, Wyoming or South Carolina who purchased the CVS Health Dry Mouth Discs during the applicable statute of limitations period.

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