ACT Total Care Anticavity Fluoride Mouthwash

In July 2013, a federal judge granted final approval of a settlement agreement reached in a false advertising class-action lawsuit against Chattem, Inc. The complaint, which was originally filed in 2011 and amended in January 2013, alleged that ACT Total Care Mouthwash fights plaque when, according to the plaintiffs, the mouthwash does not reduce, remove or otherwise fight plaque. According to the complaint, the product’s only active ingredient – sodium fluoride – does not provide anti-plaque benefits and the company does not have adequate substantiation for its claims.

Pursuant to the settlement terms, class members may receive refunds for up to ten ACT® Total Care products purchased. The amount of each refund ($1.50-$2.00) depends on the size of the bottle purchased. In addition, the company agreed, for a period of at least three years, not to make representations that ACT® Total Care can reduce, remove, or fight plaque unless it has adequate scientific evidence to support such claims. (Duffer v. Chattem, Inc., Case No. 11-cv-2735, S.D. CA).

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