Chattem settles ACT Total Care Anticavity Fluoride Mouthwash suit

Consumers may get cash refund from settlement

SAN DIEGO — Consumers who purchased Chattem’s ACT Total Care Anticavity Fluoride Mouthwash between Jan. 1, 2009, and June 30, 2010, may be entitled to a cash refund from a class action settlement, according to a statement issued by the manufacturer.

According to the lawsuit, Chattem’s ACT Total Care Anticavity Fluoride Mouthwash did not provide all of the comprehensive oral care health benefits as advertised, including the ability to reduce, remove, or otherwise fight plaque. Chattem stated that it “strongly denies the allegations made in the lawsuit.”  The Court has not decided who is right and who is wrong. Instead, the parties decided to settle the dispute.

The court will hold a final approval hearing on May 7, 2013 to determine whether the proposed settlement is fair, reasonable, and adequate, to approve attorneys' fees and expenses, and any service award for the class representative.

Under the settlement, each class member who submits a valid claim may be entitled to a cash payment for bottles of ACT Total Care purchased between Jan. 1, 2009 and June 30, 2010, not to exceed 10 bottles.  Chattem will make payments of up to $1.5 million into a settlement fund to reimburse class members for the ACT Total Care they purchased, to pay for costs of settlement administration, and a service award to the class representative. Class members are scheduled to receive $1.50 for each qualifying 18-ounce or smaller bottle, and $2 for each qualifying 33-ounce or larger bottle.  Depending on the amount of claims made and other factors, the payments may be decreased or increased, not to exceed $4 per 18-ounce or smaller bottle and $6 per 33-ounce or larger bottle. 

In addition, Chattem has agreed to pay an award of plaintiff's attorneys' fees and expenses of up to $300,000, separate from the settlement fund.



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