In 2021, at least five lawsuits have been filed against Procter & Gamble claiming that Crest Gum & Enamel Repair toothpaste is being deceptively marketed. [Suit #1, suit #2 pre-amendment, and suit #3]

The lawyers contend that this Crest toothpaste cannot “repair” gums.
*MOUSE PRINT:
Allegations from some of the cases…
…gums that have suffered structural damage cannot be repaired, restored, or re-grown through use of the Product. The only way to repair gums is through periodontal treatment, including cosmetic dental surgery such as gum grafting.
…receding gums do not grow back; once the gum tissue has pulled back and away from teeth, it’s gone for good.
…the Product’s active ingredient –Stannous Fluoride .454% (.14% W/V Fluoride Ion) – which is common to most toothpastes, provides no special gum “repair†benefits.
With respect to gum care, all a toothpaste can really do is control, reduce, or prevent gingivitis by helping to remove plaque. Gingivitis is a common and mild form of gum disease that causes irritation, redness and swelling where your gum meets the base of your teeth.
So the lawyers claim that purchasers have been misled, would not have bought the product, or would have paid less than the premium price that P&G charges had they known the true nature of this toothpaste to start with.
P&G presumably denies the charges but best we can tell, P&G has not formally filed answers to the complaints yet.
One of the lawyers predicts what one of P&G’s defenses might be and he makes a pre-emptive grammatical argument against it. He expects P&G to say that in the phrase “Gum and Enamel Repair” that the word “gum” does not modify the word “Repair.” In essence, he’s suggesting that P&G will likely claim this is a “gum toothpaste” and an “enamel repair toothpaste.” The consumer lawyer says the name of the product follows normal parallel structure and most consumers would understand it to mean the product is for “gum repair” and “enamel repair.”.
What do you think? Do these cases have any teeth?






