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Class Actions & Claims

ACT class action alleges dry mouth lozenges have detrimental oral health effects

ACT dry mouth lozenges class action lawsuit overview: 

  • Who: Mohamad Tlaib filed a class action lawsuit against Chattem Inc. 
  • Why: Tlaib claims Chattem sells an ACT brand dry mouth lozenge that is detrimental to the oral health of those who use it. 
  • Where: The class action lawsuit was filed in Illinois federal court. 

Chattem Inc. manufactures, labels, and sells ACT brand “Soothing Mint” dry mouth lozenges that are detrimental to oral health, a new class action lawsuit alleges.

Plaintiff Mohamad Tlaib claims the ACT dry mouth lozenges have a pH level “below the critical pH of tooth enamel and root denim,” meaning they can allegedly lead to demineralization, dental erosion, sensitivity, and caries.

Tlaib argues Chattem is misleading consumers by allegedly failing to disclose to them the likelihood that individuals who use its ACt dry mouth lozenges will suffer detrimental oral health effects. 

“In light of the Product’s pH, it is misleading to market it to persons suffering from dry mouth because it will have a detrimental effect on oral health,” states the ACT class action. 

Tlaib wants to represent an Illinois class and multi-state consumer fraud class of individuals who have purchased the ACT “Soothing Mint” dry mouth lozenges during the statutes of limitations. 

ACT Soothing Mint dry mouth lozenges have pH below critical acidity level needed to maintain oral health, says class action

Laboratory testing has shown that the ACT dry mouth lozenges have a pH of 5.72, below the critical acidity level of 6.7 pH or higher needed to avoid contributing to tooth decay, according to the ACT class action. 

“It is essential these products do not have pH values below the critical pH of enamel or root dentin, the pH below which tooth structure begins to erode,” states the ACT class action. 

Tlaib claims Chattem is guilty of fraud, unjust enrichment, and negligent misrepresentation, and in violation of the Magnuson Moss Warranty Act, several state consumer fraud acts, and the Illinois Consumer Fraud and Deceptive Business Practices Act

Plaintiff is demanding a jury trial and requesting injunctive relief along with an award of monetary, statutory, and/or punitive damages for himself and all class members. 

In another case involving oral medication, a class action lawsuit was filed last month against Ricola USA by a consumer claiming the company misrepresents its green tea with echinacea throat drops since they allegedly get their cough suppressing ability from menthol

Have you purchased an ACT brand dry mouth lozenge? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The ACT dry mouth lozenges class action lawsuit is Tlaib, et al. v. Chattem Inc., Case No. 1:23-cv-00376, in the U.S. District Court for the Northern District of Illinois. 

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