July 11, 2012

Crest Sensitivity Toothpaste Lawsuit Moves Forward

On July 10, 2012, Judge Jose L. Linares of the United States District Court for the District of New Jersey ruled that claims against Procter & Gamble for violations of state consumer protection laws and breaches of warranties could go forward as part of a putative nationwide class action.

The lawsuit, Rossi v. The Procter & Gamble Co., alleges P&G falsely labeled Crest Sensitivity Treatment and Protection toothpaste by making claims that it was “New!” and could relieve tooth sensitivity “within minutes.” The lawsuit alleges that Crest Sensitivity Treatment and Protection is not effective as advertised, and is in fact essentially identical to Crest Pro-Health toothpaste, with only three differentiating features: (1) claims of rapid relief on the product packaging; (2) a slightly different coloring additive; and (3) a 75% price premium over Crest Pro-Health.

Joseph I. Marchese, one of the firm’s partners handling the matter, said, “We are very pleased with Judge Linares’s ruling, since it permits our claims to move forward to discovery and class certification.”