CVS Health ‘Fluoride Free,’ ‘Antiplaque’ Toothpaste Is Falsely Advertised, Class Action Claims

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action alleges CVS Pharmacy’s purportedly certified-natural, fluoride-free Antiplaque and Whitening toothpaste is misleadingly advertised.

The 13-page complaint out of New York says that although the CVS Health product is touted as “Certified Natural,” “Fluoride Free” and “Antiplaque,” the toothpaste does not contain fluoride alternatives able to remove or reduce plaque to fight gingivitis. The suit stresses that consumers who buy the CVS toothpaste expect it to contain non-fluoride ingredients that have a “therapeutically significant effect” with regard to reducing plaque and combatting gingivitis. 

By marketing the toothpaste as “Fluoride Free,” CVS suggests that the product contains other ingredients that also fight plaque and therefore gingivitis, the lawsuit relays. However, the filing highlights that there are no comparable plaque-fighting ingredients mentioned on the product’s back label, and that the listed components are in fact “[incapable] of achieving a clinically significant reduction in gingivitis.”

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The toothpaste at issue is also marketed as “Certified Natural,” which the lawsuit claims is deceptive because it implies each ingredient is natural or organically sourced. To the contrary, the complaint says that the ingredients are in fact “subject to significant processing” to the extent that “consumers would not consider them natural.”

Similarly, the suit contends that the front-label image of peppermint suggests its presence in the product, when, in truth, peppermint extract or oil is used only as a flavoring.

Per the case, the number of consumers looking for all-natural toothpastes, particularly without fluoride, is growing. The suit asserts that the “Fluoride Free” representation on the label, while true, falsely implies that the active ingredients in the toothpaste also fight plaque and thus gingivitis.  According to the lawsuit, however, the first ingredient listed on the label, dicalcium phosphate dihydrate, was determined by the FDA to be ineffective against gingivitis, as there is no data to link it with plaque reduction.

Further, sodium bicarbonate, which is also listed as an active ingredient, is similarly ineffective at reducing plaque or gingivitis when used in toothpaste, the filing adds.

The lawsuit alleges that the misleading representation of the CVS “Fluoride Free” toothpaste has caused consumers like the plaintiff to overpay for the product.

The lawsuit looks to represent any residents of New York, Texas, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, West Virginia, Arkansas, South Carolina, and Utah who purchased CVS Health “Fluoride Free” and “Antiplaque & Whitening” toothpaste during the statutes of limitations period.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.