A federal class action lawsuit claims Procter & Gamble tricked consumers into paying 75% more for Crest Sensitivity toothpaste by making false label claims that it provides rapid relief from tooth sensitivity “within minutes.” The truth, according to the class action lawsuit, is that Crest Sensitivity “is essentially identical to Crest Pro-Health toothpaste,” right down to the same inactive ingredients and even patent numbers. The only difference between the toothpastes is the packaging, color and price: Crest Sensitivity is $3.00 more than Crest Pro-Health.
“It appears that P&G made no change to its Crest Pro-Health toothpaste expect to add titanium dioxide, an inactive food coloring sometimes referred to as ‘pigment white.’ This produced a slightly different color paste, making it appear light green instead of light blue. This change has no medicinal significance. Nevertheless, P&G added the word ‘New!’ and the rapid relief claims to the label, added three dollars to the price, and called the resulting product Crest Sensitivity,” the class action lawsuit states.
The Crest Sensitivity toothpaste class action lawsuit follows a September 30, 2011, report by the Better Business Bureau’s National Advertising Division (“NAD”) that found P&G “failed to provide a reasonable basis for its claims” that Crest Sensitivity provides “Relief Within Minutes” and other similar labeling claims.
According to the NAD report, cited in the class action lawsuit:
“While there is improvement in tooth sensitivity over time … NAD determined that the totality of the evidence was insufficient to support the advertiser’s ‘relief within minutes’ claims and recommended that they be discontinued.”
The Crest Sensitivity toothpaste class action lawsuit is brought on behalf of all U.S. consumers who purchased Crest Sensitivity toothpaste not for resale. It is seeking compensatory and punitive damages, restitution and more for violation of the Magnuson-Moss Warranty Act, Breach of Express Warranty, Breach of Implied Warranty of Merchantability, Unjust Enrichment, and violation of the New Jersey Consumer Fraud Act.
A copy of the P&G Crest Sensitivity Toothpaste False Advertising Class Action Lawsuit can be read here.
The case is Edward Rossi v. The Procter & Gamble Company, Case No. 33-av-00001, U.S. District Court, District of New Jersey.
UPDATE 1: Details on how to file a claim for the Crest Sensitivity Toothpaste Class Action Lawsuit Settlement are up!
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