Toothpaste is a commonly used product that aims to maintain oral hygiene. However, it’s now on the table for discussion, with one company under the microscope for misleading and false advertisements.
Hello Products, a popular brand of oral care products, is now facing a proposed class action lawsuit. The lawsuit alleges that the brand falsely advertised that its Hello-brand toothpaste is made without artificial sweeteners.
What Is the Hello Toothpaste Class Action About?
According to the 17-page case, Hello Products intentionally labeled its toothpaste as free from artificial sweeteners. However, the products are made with two synthetic sweeteners, sorbitol and xylitol.
The lawsuit states that sorbitol and xylitol are synthetic chemicals made from hydrogenating starch or glucose syrups. The case claims that Hello Products, which hired professional chemists to create its product formulas, “knew or should have known” that adding sorbitol and xylitol to toothpaste would mean adding artificial sweeteners.
The plaintiff, Norah Flaherty, an Illinois consumer, argues that Hello Products is allegedly making false marketing claims about some of its toothpaste products. “Plaintiff, like any reasonable consumer, expects that products advertised as containing no artificial sweeteners will only be sweetened with natural sweeteners and will not contain artificial sweeteners,” the Hello toothpaste class action states.
Flaherty claims Hello Products “impaired” her ability to choose the “type and quality” of products she wants to buy through alleged false and misleading claims about its Hello toothpaste. She states she would not have paid as much for the toothpaste or purchased it in the first place had she known it contained two artificial sweeteners.
Additionally, Flaherty claims Hello Products is guilty of common law fraud and unjust enrichment and of violating the Illinois Consumer Fraud and Deceptive Business Practices Act.
Who Does the Lawsuit Represent?
The lawsuit aims to represent anyone within the United States who, within the past five years, has purchased any of the following products:
- Hello fresh naturally whitening fluoride toothpaste farm grown mint
- Hello activated charcoal fluoride free toothpaste fresh mint and coconut oil
- Hello antiplaque + whitening fluoride free toothpaste farm grown peppermint
- Hello unicorn sparkle fluoride toothpaste bubble gum
- Hello bye bye bacteria fluoride toothpaste
- Hello kids dragon dazzle fluoride toothpaste
- Hello kids fluoride free toothpaste natural watermelon
- Hello activated charcoal Epic whitening fluoride toothpaste
- Hello wild strawberry kids fluoride toothpaste
- Hello antiplaque + whitening toothpaste tablets
- Hello kids juicy grape fluoride toothpaste
- Hello toddler training toothpaste apple flavor
- Hello activated charcoal toothpaste tablets
- Hello good night lavender and chamomile fluoride free toothpaste
- Hello good morning Meyer Lemon fluoride free toothpaste
- Hello watermelon toothpaste tablets
- Hello gum nourishment fluoride toothpaste
- Hello freakin’ fresh + whitening fluoride free toothpaste
What’s the Current Status of the Lawsuit?
As of the latest update, Hello Products has filed a motion to dismiss an amended version of the class action lawsuit, claiming the complaint is based on “speculation as to a reasonable consumer’s expectations, false conclusions, and the willful wishing away of well-defined terms.”
A separate lawsuit was filed against Hello Products in 2019 by a consumer who argued that Hello branded charcoal toothpaste failed to hold up to marketing claims and posed a health risk for some consumers. In this case, the consumer claimed he developed an ulcer in his throat “about the size of a half dollar” and a broken molar as a result of using Hello activated charcoal toothpaste.
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