Class Action Lawsuit Alleges ACT Kids Fluoride Rinse Is Falsely Advertised, Unsafe for Children Under Six

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A proposed class action lawsuit claims Chattem, Inc. has knowingly misrepresented its ACT Kids anticavity fluoride rinse as safe for young children to use.

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According to the 49-page lawsuit, the labeling on ACT Kids mouthrinse—which comes in flavors such as Groovy Grape, Bubble Gum Blowout, Wild Watermelon and Pineapple Punch—prominently features candy, fruit, cartoon imagery and brightly colored “crayon-styled” font. Although the product is clearly labeled as specifically formulated for and safe for kids, the mouthrinse is, in fact, too dangerous for children under the age of six to use, the suit contends.

Per the case, it is commonly understood that swallowing fluoride in even small doses can be hazardous to human health. The complaint asserts that ACT Kids mouthrinse is particularly dangerous for children under six because their underdeveloped swallowing reflexes may cause them to swallow large amounts of the liquid unintentionally.

“ACT Rinse, which has the same fluoride concentration as adult rinses, is actually more dangerous for young children than adult rinses because it comes in candy and fruit flavors that entice children to use and swallow more of the product,” the filing claims.

Ingesting too much fluoride can lead to side effects such as nausea, vomiting, intoxication and other early signs of acute fluoride toxicity, the ACT Kids mouthrinse lawsuit explains. It can also be fatal to young children, the case says.

“ACT Rinse has enough fluoride in it to kill a small child,” the suit relays. “A toddler who ingests just over half of the colorful candy-flavored liquid in the ACT bottle may suffer severe poisoning, including death.”

In addition, using fluoride mouthrinse puts young children at risk of developing dental fluorosis, a condition that causes visible staining on the tooth enamel, the complaint shares.

As the filing tells it, the U.S. Food and Drug Administration specifically requires that fluoride mouthrinses feature a prominent notice on the front label instructing consumers to read the product’s directions. The class action suit alleges that Chattem has “flagrantly [violated] this regulation.”

“Far from ‘prominently’ displaying the notice on the front label, [the defendant] displays the notice in a font size that is smaller than all other text on the label,” the case charges. “Unlike the statement ‘#1 DENTIST RECOMMENDED’ that [Chattem] displays in bold font at the top center of the label, [the company] forgoes the use of bold text for the notice, and instead buries it at the bottom.”

The complaint argues that the product’s “dangerous and deceptive” labeling “puts the health of millions of children at risk.”

The lawsuit looks to represent anyone in the United States who, within the applicable statute of limitations period, purchased the ACT mouthrinse at issue for a child under the age of six without direction from a dentist, doctor or health care provider.

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