Listerine suit filed
This article was originally published in The Rose Sheet
Executive Summary
Class action lawsuit filed Oct. 1 against Johnson & Johnson cites recent FDA warning issued to the manufacturer of Listerine Total Care Anticavity Mouthwash, which according to the agency is marketed on unapproved drug claims. The suit - Britton v. Johnson & Johnson - filed by Scott Cole & Associates, APC, seeks monetary damages and a court order to stop J&J from "further misleading advertising." Listerine Total Care is touted as a 6-in-1 solution for oral hygiene. FDA also targeted CVS (Complete Care Anticavity Mouthwash) and Walgreen (Mouth Rinse Full Action) with warning letters for similar claims, such as "Helps prevent cavities" and "Helps fight visible plaque above the gum line" (1"The Rose Sheet" Oct. 4, 2010, In Brief). J&J "advertises this total care product as an FDA-approved drug that fights gum disease. That's simply not true," says Cole. "In fact, the FDA has gone so far as to direct [J&J] to stop making such false statements. Our lawsuit adds an extra incentive for the company.