A Queens resident has filed a lawsuit against Cadbury, the makers of Trident Xtra Care chewing gum, declaring the gum did not live up to its claim to rebuild his teeth. The Daily News reports Joshua Hirsch would not have bought the gum if it did not promise this dental wonder. Now, the press release for Xtra Care states it is "clinically proven to actively protect, strengthen, and rebuild tooth enamel." But the lawsuit counters: "Trident Xtra Care could not and does not rebuild teeth...Once tooth decay has set in, no chewing gum can rebuild the teeth." Who to believe?!
It's unclear if this case will be filed under D for Duh with the "Tea is hot?" lawsuits, or if Hirsch actually has a case. The press release for Xtra Care says, "Recaldent is a powerful ingredient that actually replenishes calcium and phosphate to remineralize and protect teeth by filling in the tiny crevices where cavities can form." While this doesn't sound entirely plausible and we're not sure what that even means, the above quote was by a doctor (Doris Tancredi, Vice President of Regulatory and Emerging Science at Cadbury). And why would a doctor endorse a product that's unhealthy?
Hirsch's lawyer, Jerome Noll, does go beyond semantics to bring up a larger issue, saying, "Cadbury preyed on this increased consumer desire for products promising healthier teeth between dental visits." (Like how Mercedes Benz preys on increased consumer desire for driving really fast, alone, at night.) The lawsuit specifically wants the word "rebuild" stricken from all Xtra Care marketing and claims unspecified damages for breach of contract, breach of warranty, and unjust enrichment.