The Settlement resolves the lawsuit entitled Duffer v. Chattem, Inc, which claims that defendant Chattem, Inc. misrepresented that ACT Total Care Anticavity Fluoride Mouthwash provided comprehensive oral care health benefits, including the ability to reduce, remove, or otherwise fight plaque.
Under the terms of the proposed agreement Chattem will provide a total minimum settlement fund of $1.1 million and a maximum settlement fund of $1.5 million in full settlement of the Claims of the Settlement Class.
Further terms of the proposed settlement stipulate that class members would be entitled to a cash payment for each bottle of ACT Total Care mouthwash purchased, up to a maximum of 10 bottles per class member. This payment will be based on how many Class Members submit valid claims.
Eligible class members must submit a claim form postmarked or receive no later than July 6, 2013. To download Claim Forms and for further information about the ACT Mouthwash Consumer Fraud Class Action Lawsuit Settlement visit: ACTTotalCareSettlement.com. The final settlement hearing is scheduled for May 2013.