Plaintiffs Appeal Preemption Ruling in Toothpaste Class Action

SAN FRANCISCO — Plaintiffs in a case accusing toothpaste makers of misrepresenting that their product reverses enamel loss are appealing a California federal judge’s ruling that their claims are preempted under the Food, Drug and Cosmetic Act because the product’s labeling complied with the FDA’s monograph.

The notice of appeal to the 9th Circuit U.S. Court of Appeals was filed on Dec. 16.

On July 3, 2024, Anderson Silva and Grace Jones filed a class action complaint against Haleon US Holdings LLC and Haleon US Inc., alleging that their Sensodyne Pronamel toothpaste, which is marketed to consumers with sensitive teeth …