CVS Health Falsely Claims Toothpaste Can Repair Gums, Reverse Gingivitis, Class Action Says

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A proposed class action alleges CVS Pharmacy has falsely advertised that its CVS Health-brand Gum & Enamel Repair toothpaste can repair gums and reverse gingivitis.

The 13-page suit argues that CVS Health Gum & Enamel Repair toothpaste is deceptively labeled in that consumers wrongly assume that it can repair structural damage such as gum recession, bone loss or periodontal pocketing when the product is incapable of doing so. Moreover, the case alleges CVS has misleadingly claimed that its toothpaste contains “[a] Clinically proven ingredient to help reverse gingivitis” given that the product can only help control, reduce or prevent early-stage gum disease.  

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Per the complaint, gingivitis is an early form of periodontal (gum) disease that occurs when bacteria from plaque buildup inflames the gums, causing them to pull away from the teeth and form pockets where more bacteria can collect.

The case contends that although ingredients in the toothpaste, like stannous fluoride, combined with good oral hygiene can help prevent gingivitis, professional dental treatment is required to repair gums at any stage of periodontal disease since receding gums do not grow back once gum tissue has pulled back from the teeth.

“By claiming the Product can ‘reverse gingivitis’ without any qualifications or limiting language, purchasers will expect it can do what otherwise would require dental treatment,” the suit states.

According to the U.S. Food and Drug Administration (FDA), the toothpaste can only help “interfere with the harmful effects of plaque associated with gingivitis” since it contains stannous fluoride. Further, the FDA does not support CVS’s claim that its toothpaste can repair gums or reverse gingivitis, as it warns that such representations could and do mislead consumers, the complaint says. 

The lawsuit looks to represent anyone in New York, Montana, Texas, North Dakota, Wyoming, Idaho, Alaska, Iowa, West Virginia, Mississippi, Tennessee, Arkansas, South Carolina or Utah who purchased CVS Health Gum & Enamel Repair toothpaste during the applicable statute of limitations period.

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