A class action alleges it is “misleading” for the maker of ACT “Soothing Mint” dry mouth oral lozenges to market the items to those suffering from dry mouth given that the products’ acidity could damage oral health.
A proposed class action alleges it is “misleading” for the maker of ACT “Soothing Mint” dry mouth oral lozenges to market the items to those suffering from dry mouth given that the products’ acidity could damage oral health.
According to the 10-page lawsuit, the dry mouth lozenges have a pH value below the critical pH of root dentin or tooth enamel. Per the case, it is vital that oral care products do not have pH levels below that of dentin or enamel because the acidity levels can then begin to cause dental erosion, tooth sensitivity and other adverse effects.
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Dry mouth, or xerostomia, substantially increases the risk of tooth decay and other oral conditions. To relieve symptoms and prevent dental erosion, products like the ACT “Soothing Mint” dry mouth lozenges stimulate saliva production, the suit explains.
To avoid adding to tooth sensitivity or dental erosion, the product’s acidity level should be 6.7 pH or higher, according to dental journals, the suit states. However, lab tests show that the ACT dry mouth lozenges registered a pH of only 5.72, the complaint claims.
“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,” the filing contends.
The plaintiff, an Illinois resident, believed based on manufacturer Chattem’s representations that the dry mouth lozenges would improve his oral health rather than damage it further, the case alleges. The man claims he would not have paid as much, or bought the product at all, had he known the acidity level could be detrimental to his oral health, the complaint argues.
The lawsuit looks to represent anyone residing in Illinois, Utah, North Dakota, Kansas, Mississippi, Arkansas, Alaska, Wyoming or South Carolina who purchased the ACT-brand “Soothing Mint” dry mouth lozenges within the statute of limitations period.
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