Claims of misleading and deceptive advertising are the target of the class action lawsuit entitled Rossi v. The Proctor & Gamble Company. Class members of the lawsuit claim that Proctor and Gamble made false claims about the Crest Sensitivity Treatment & Protection toothpaste when marketing it to customers. The class members claim they would of not of bought the toothpaste if the truth about the product would of been known. The label on the products claims that consumers of the toothpaste would feel rapid relief from tooth sensitivity “within minutes.” Class members go on to state that the Crest Sensitivity Toothpaste “is essentially identical to Crest Pro-Health toothpaste,” only with a hefty price tag. Proctor and Gamble deny any actions of wrong doing but have agreed to refund the purchase price of Crest Sensitivity toothpaste to Settlement Class Members who submit timely Claim Forms. Class members in the case are defined as anyone who purchased Crest Sensitivity toothpaste from February 2011 through March 31, 2013. This class action lawsuit should teach Proctor and Gamble to me more careful in regards to labeling their products and benefits.
Furthering strengthening the class members case was a statement released by Better Business Bureau’s National Advertising Division. This may have been the most damaging piece of evidence in the case. The statement read:
“While there is improvement in tooth sensitivity over time … NAD determined that the totality of the evidence was insufficient to support the advertiser’s ‘relief within minutes’ claims and recommended that they be discontinued.”
The deadline to file a claim in the Sensitivity Toothpaste Settlement is August 19, 2013. To file a claim please go here. The settlement fairnes shearing will take place on September 12, 2013 at the United States District Court for the District of New Jersey Courthouse which is located at United States District Court for the District of New Jersey. In order to be eligible for a refund you must file a claim BEFORE the settlement deadline.