Class Action

Listerine Total Care Mouthwash

Class Action

Listerine Total Care Mouthwash

June 2015: The parties withdrew the appeal, the reasons for which have not been disclosed.

December 2014: The named plaintiff filed a Notice of Appeal regarding the November 2014 order.

November 2014: A federal judge granted Johnson & Johnson’s motion to dismiss this lawsuit finding, among other things, that because the FDA sets out labeling requirements for over-the-counter dental hygiene products, state law (which plaintiffs relied on in bringing this lawsuit) is preempted by the federal Food Drug and Cosmetics Act.

May 2014: A false advertising class-action lawsuit was filed against Johnson & Johnson. The complaint alleges that the company misleadingly claims its mouthwashes – including Listerine Total Care Fresh Mint Anticavity Mouthwash, Listerine Total Care Zero Fresh Mint Anticavity Mouthwash, Listerine Total Care Cinnamint Anticavity Mouthwash, and Listerine Total Care Plus Whitening – “restore[] enamel” when, in reality, mouthwashes cannot replace lost tooth enamel. (Bowling et al v. Johnson & Johnson, McNeil-PPC, Inc., and Johnson & Johnson Healthcare Products, Case No. 14-cv-03727, S. D. NY.).

For more information about the advertising of mouthwash, click here.

 


Class-Action Tracker

Band-Aid Bandages

Class Action

Band-Aid Bandages

Allegations: Misleadingly marketing products as safe, healthy, made with the “best ingredients,” environmentally friendly, and committed to the health of consumers, communities and the planet

Sudafed PE

Class Action

Sudafed PE

Allegations: Falsely marketing that medicines treat congestion and other sinus issues

Tylenol Sinus

Class Action

Tylenol Sinus

Allegations: Falsely marketing that medicines treat congestion and other sinus issues

Aveeno Baby Products

Class Action

Aveeno Baby Products

Allegations: Misleadingly marketing products as specially made for babies when they contain the same formulation as the adult versions

Benecol Regular and Light Spreads

Class Action

Benecol Regular and Light Spreads

Allegations: Misleadingly labeling products as containing no trans fats and being safe for human consumption when the spreads contain partially hydrogenated oils, which are trans fats that increase the risk…

Zarbee’s Gripe Water

Class Action

Zarbee’s Gripe Water

Allegations: Misleadingly marketing that products “help[] ease occasional gas & stomach discomfort” associated with colic and hiccups in newborns when none of the ingredients have been shown to provide the…

OGX Shampoos and Conditioners

Class Action

OGX Shampoos and Conditioners

Allegations: Falsely representing that products smooth, nourish, soften, repair and revive hair without disclosing that ingredients in the products cause significant hair loss and irritate the scalp

OGX Shampoo and Conditioner

Class Action

OGX Shampoo and Conditioner

Allegations: Misleadingly marketing products will smooth, nourish, soften, repair and revive hair without disclosing that they contain an ingredient – DMDM hydantoin – that causes hair loss and scalp irritation

Lactaid Dietary Supplements

Class Action

Lactaid Dietary Supplements

Allegations: Misleadingly advertising that supplements prevent, treat, cure and mitigate lactose intolerance without FDA approval to make such claims


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