ACT Mouthwash Label Poses Risk For Kids, Parents Claim

Jan 14, 2025 | News

Attorneys Michael Connett, Elizabeth A. Brehm, and Aaron Siri of Siri & Glimstad LLP are representing four parents (Eileen Aviles, Sushmadavi Lakeram, Patricia Gurrola, and Deena Johnson) in a proposed class action lawsuit against Chattem Inc., the maker of ACT mouthwash for kids.

The lawsuit, filed in Illinois federal court, alleges that Chattem deceptively markets its kids’ mouthwash products as safe for young children while using candy-like flavors that could encourage consumption and lead to fluoride poisoning. The legal team is seeking damages for breach of implied warranty of merchantability, fraud, and deceptive business practices on behalf of nationwide and statewide classes of consumers.

The suit particularly emphasizes how the product’s marketing contradicts recommendations from federal agencies and medical organizations regarding fluoride mouthwash use in children under 6 years old.

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