Act Restore Mouthwash

Chattem, the manufacturer of ACT Restore Mouthwash, has been sued by plaintiffs alleging false or misleading advertising. Chatted is owned by Sanofi, and the case against the company alleges that plaintiffs were misled by promises that the mouth wash would remineralize teeth and rebuild tooth enamel. A similar national class action has also been filed against the manufacture of Listerine, which sold nearly an identical product that made the same assertions. Plaintiffs claim that the promises of rebuilding tooth enamel were misleading because they are not scientifically founded.
The plaintiff in the ACT case relied on the advertising by Sanofi that it rebuilds tooth enamel, prevents tooth decay and remineralizes soft spots.
The manufacturers of ACT mouthwash, Chattem Inc., in Tennessee, have been sued in a Florida class action where a federal judge has allowed the case to survive a motion to dismiss. The Florida proposed class action against Chattem Inc. alleges Chattem made misleading claims that its ACT mouthwash rebuilds tooth enamel.
Chattem’s advertising that ACT Restore “Rebuilds Tooth Enamel” is being challenged. The claim is made prominently on its product label. Chattem claims on its website that its ACT Restore product works by “remineralizing” teeth and “Rebuilds Tooth Enamel.” The TV ad (see: ) shows teeth with holes being filled in with a blue liquid, presumably ACT Restore mouthwash, then shows “new” teeth which have no holes.


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