A class action lawsuit settlement against Procter & Gamble Co. for its Crest Sensitivity Treatment & protection toothpaste has been granted final approved. The lawsuit alleged that Proctor & Gamble engaged in misleading and deceptive advertising and marketing for the Crest Sensitivity toothpaste, specifically that it could deliver relief from tooth sensitivity "within minutes." The suit alleged that as a result of such advertising, consumers paid significantly more for the Crest product as compared to products that would take weeks to reduce sensitivity. The suit was filed in December 2011 and alleged claims under the Magnuson-Moss Warranty Act, breach of express warranty, breach of implied warranty of merchantability, violation of the New Jersey Consumer Fraud Act, and unjust enrichment.
The settlement permitted all persons in the U.S. who purchased the Crest Sensitivity toothpaste from February 2011 through March 31, 2013 to obtain a refund. For claimants who submitted a valid claim form with documentation of the purchase price, the refund was for the purchase price. For claimants who submitted a valid claim form without documentation of the purchase price, the refund was for four dollars. The deadline to file a claim was August 19, 2013.
The New Jersey federal judge found that the settlement was appropriate in light of the complexity of the litigation and the length of time it was projected to last. Although Procter & Gamble denied any liability, it had agreed to a class action settlement to resolve the matter.
The lawsuit is styled Rossi v. The Proctor & Gamble Co., Case No. 11-07238 (JLL) (MAH).
I do not represent anyone in connection with the settlement. I have represented other individuals who have been deceived by false advertising and marketing. To find out how The Simon Law Firm can help, contact us.