Los Angeles, CA: Johnson & Johnson (J&J) and subsidiaries are facing a consumer fraud class action lawsuit over allegations they falsely label Listerine Total Care products as being capable of restoring tooth enamel despite the "overwhelming consensus"of experts that tooth enamel loss is permanent.
Specifically, the lawsuit, entitled Suzanna Bowling v. Johnson & Johnson et al., case number 1:14-cv-03727, in the U.S. District Court for the Southern District of New York, claims that J&J, McNeil-PPC Inc., and Johnson & Johnson Healthcare Products label various Listerine products as capable of enamel restoration. Bowling, who filed the lawsuit, states that the misleading claims are "highly material"to consumers and served to differentiate Listerine' Total Care line from other mouthwash products.
The lawsuit further claims that the Listerine Total Care labeling enabled the defendants to charge a 35.8 percent price premium for Total Care products. "In fact, Listerine Total Care is essentially identical to Listerine Fluoride Defense Anticativity Mouthwash,"the complaint, states. "Both products have the same active ingredient, in the same amount, the same indicated uses, the same warnings, the same directions, and the same inactive ingredients. There are only three differences between Listerine Total Care and Listerine Fluoride Defense: the packaging, the color, and the price."
Bowling seeks an order certifying the nationwide class and the New York subclass, an order finding in favor of the plaintiff and an order of restitution, as well as compensatory, statutory and punitive damages, prejudgment interest and injunctive relief.
Plaintiffs are represented by by Neal J. Deckant, Scott A. Bursor, Joseph I. Marchese and Yitzchak Kopel of Bursor & Fisher PA.
