EDWARDSVILLE — Procter & Gamble is facing a class action alleging its gum and enamel repair toothpastes are falsely marketed as being able to actually repair gum disease.
Michael Drake, individually and on behalf of all others similarly situated, filed a complaint Feb. 1 in the Madison County Circuit Court against The Procter & Gamble Company, alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and unjust enrichment.
Drake alleges in his suit that in July 2020, he purchased two tubes of Procter & Gamble's Crest Gum & Enamel Repair toothpaste at a Target store in Alton. He claims that Proctor & Gamble's line of eight toothpastes are sold in categories including Future-Proof, Clean + Freshen, Enamel, Sensitivity, All-Around Protection, Kids, Whitening and Gum Health. He alleges the marketing categories are false and misleading.
Drake alleges the company's "prominent representations" on the toothpaste labels are deceptive because they lead "reasonable" consumers to believe the toothpaste can actually repair their gums when all the product can do is help control, reduce and prevent gingivitis, but not repair gums. He also alleges that he and other consumers have suffered damages, because they "were deprived of the benefit of their bargain" when purchasing the toothpaste products.
Drake seeks monetary relief, trial by jury and all other proper relief. He is represented by Mark Goldenberg, Thomas Rosenfeld and Kevin Green of Goldberg Heller & Antognoli PC in Edwardsville and Richard Cornfeld and Daniel Levy of The Law Office of Richard S. Cornfeld LLC in St. Louis.
Madison County Circuit Court case number 21-L-000149