The Listerine lawsuit centers on allegations against Johnson & Johnson Consumer Inc. and Kenvue Inc., the manufacturers of Listerine mouthwash, claiming that the product’s regular use promotes the growth of bacteria linked to serious health problems, including various forms of cancer. The lawsuit alleges the companies failed to warn consumers about these risks, leading to claims of false advertising, consumer deception, and violations of consumer protection laws. This article explores the background, key allegations, legal claims, impacts, current status, and consumer advice related to the Listerine lawsuit.
Background of the Listerine Lawsuit
The lawsuit arose from a 2024 study published in the Journal of Medical Microbiology which found that normal use of Listerine Cool Mint antiseptic mouthwash substantially increased the abundance of oral bacteria such as Fusobacterium nucleatum and Streptococcus anginosus. These bacteria are known to be associated with severe invasive infections and several cancers, including oral, colorectal, esophageal, pancreatic, and breast cancer. Despite warnings against swallowing and use by children under 12, the companies failed to inform consumers that regular use could result in proliferating harmful bacteria, contradicting their advertising claims of killing 99% of germs.
The class action lawsuit, filed in September 2024 by plaintiff Paige Vasseur, seeks to represent all consumers in the U.S. who purchased Listerine Cool Mint mouthwash for personal use.
Parties Involved
Plaintiff Paige Vasseur filed suit against Johnson & Johnson Consumer Inc. and Kenvue Inc. Defendants are the manufacturers and distributors of Listerine mouthwash. Milberg Coleman Bryson Phillips Grossman PLLC and Shun & Johns LLC represent the plaintiff class.
Details of the Listerine Lawsuit Allegations or Claims
Core allegations include:
- Failure to Warn: Defendants did not disclose the risk that Listerine may increase cancer-causing bacteria despite knowing scientific evidence showing such risks.
- False Advertising: Marketing suggests Listerine kills 99% of germs and promotes superior oral health, which plaintiff claims is misleading given the proliferation of harmful bacteria.
- Consumer Protection Violations: Claims under California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act.
- Unjust Enrichment: Defendants profited from selling a product that is allegedly unsafe and misrepresented.
Legal Claims and Relevant Laws Involved in the Lawsuit
This action asserts violations of:
- Consumer protection statutes that prohibit false and deceptive advertising.
- Federal Food, Drug, and Cosmetics Act, alleging Listerine is misbranded and adulterated due to omitted warnings.
- State laws on product safety and truthful marketing.
Health, Financial, Social, and Industry Impacts of the Lawsuit
The lawsuit raises awareness of potential health risks from commonly used mouthwashes, influencing public perception and industry practices:
- Consumer Health Concerns: Attention to microbiome science and the role of bacterial imbalances contributing to oral and systemic diseases.
- Financial Restitution: Potential class members may receive compensation if the lawsuit succeeds or settles.
- Industry Transparency: Pressure on oral care companies to disclose all risks linked to products.
- Regulatory Scrutiny: FDA and other authorities may reassess product approvals and labeling requirements.
Current Status and Recent Developments
As of mid-2025, the lawsuit remains active in the U.S. District Court for the Central District of California, with motions for class certification pending. Johnson & Johnson denies the allegations, emphasizing extensive testing and regulatory compliance for Listerine. Meanwhile, the study results cited in the case continue to fuel scientific debate on mouthwash safety.
Consumer Advice and Business Consequences
Consumers should:
- Be aware of the evolving scientific findings about oral microbiomes and mouthwash use.
- Follow product usage instructions carefully and consult dental professionals if concerned.
- Monitor updates on the lawsuit and settlement opportunities.
Businesses should:
- Ensure transparent marketing and full disclosure of product risks.
- Invest in ongoing safety research and regulatory engagement.
- Prepare for heightened legal and regulatory scrutiny in oral care sectors.
Conclusion: Significance and Future Outlook of the Listerine Lawsuit
The Listerine lawsuit exemplifies the challenges companies face as emerging science uncovers new health insights, necessitating adjustments in marketing and product disclosures. Its progress will likely impact oral care industry practices, regulatory policies, and consumer trust, emphasizing the need for rigorous safety evaluations and honest communication in everyday health products.
