Thursday, March 24, 2011

Judge Allows Walgreen's Mouthwash Lawsuit to Continue

This is a class-action lawsuit which states that Walgreen's misrepresented the capability of the mouthwash to remove plaque above the gum line.
Consumers can sue Walgreens for promoting, and charging a "significant price" for, a mouth rinse that the company misrepresented as capable of removing plaque above the gum line to promote healthy gums, a Florida federal judge ruled.

Judge James I. Cohn ruled that Howard Moss and other plaintiffs can proceed with their suit, which charges Walgreens with violating the Florida Deceptive and Unfair Trade Practices Act and with breach of warranty.

The suit alleges that Walgreens promotes its Full Action Mouth Rinse as delivering certain benefits, including: “Full action, Freshens Breath, Restores Enamel, Helps Strengthen Teeth, Helps kill germs that cause bad breath and Helps fight visible plaque above the gum line.”
I don't understand why these companies embellish on the efficacy claims of their over the counter products. Well, maybe I do - it is all about the sales and money.
Moss' complaint had referred to a letter the U.S. Food and Drug Administration (FDA) sent to Walgreens on September 27, 2010.

In that letter, the FDA informed Walgreens that if Full Action indeed fights plaque above the gum line, it is a drug subject to regulation by the FDA. The letter also asserts that Full Action is mileading because its ingredients panel describes it as a “Sodium Fluoride and Acidulated Phosphate Topical Solution,” which the FDA said was “inconsistent with the actual ingredients of the product.”
Patients should remember that regular professional care, including annual dentist visits will pay dividends over their lifetimes. Sure, the mouthwash is cheaper initially. But, add up the number of bottles you purchase every month, you would then have saved the money to see the dentist and receive proper care.

Walgreen's will eventually settle this lawsuit and remove the plaque removal claims after expending way too much money in legal fees.

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