ACT Mouthwash Case Proceeds; Consumer Alleges False Advertising

July 29, 2014, 9:26 PM UTC

Several claims in a false advertising suit over ACT mouthwash have survived a motion to dismiss in the U.S. District Court for the Middle District of Florida (Foster v. Chattem, 2014 BL 204871, M.D. Fla., No. 6:14-cv-346-Orl-37GJK).

Chattem, Inc. moved to dismiss a purported class action alleging the company deceptively branded its ACT Restoring Anticavity Fluoride Mouthwash packaging to include statements like the mouthwash “rebuilds tooth enamel.”

Plaintiff Lauren Foster seeks to represent all Florida residents who purchased the mouthwash for personal use. Foster alleges this branding is deceptive, because, she alleges, it is not possible to rebuild ...

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