"Clinically proven" is an establishment claim, which means you have promised proof exists, and you can lose that case even when your product works. The two-trial requirement everyone repeats is not in the FTC Act, not in any Commission rule and not in the case law. It traces to a 2003 rulemaking FDA never finalized and a private seal program. Here is what the law actually requires, and what it costs to get it wrong.

Three new class action lawsuits are putting a familiar toothpaste ingredient under the microscope. According to the complaints filed in federal court in California, consumers say leading toothpaste brands promoted gum-health and anti-gingivitis benefits while failing to disclose that the products contain sodium lauryl sulfate, a detergent-based ingredient the plaintiffs describe as a gum irritant.

Hydroxyapatite is a naturally occurring mineral from the calcium phosphate family. It is not some exotic lab-created compound; it is literally the primary building block of your teeth.

OTC Advertising and Marketing Claims for Oral Care Products: Navigating the Regulatory Landscape, Consumer Trust, and Brand Success

The oral care industry has faced significant scrutiny in recent years, with product recalls and competition concerns affecting millions of consumers worldwide.

If you've been following the toothpaste wars, May 2025 marked a pivotal moment when the oral care industry found itself in the spotlight over a heated dispute between two very different approaches to dental health. On one side, you had Essor Group, the company behind Boka's nano-hydroxyapatite toothpaste, promising a fluoride-free future for oral care. On the other, Procter & Gamble, the giant behind Crest, challenged those very promises through the National Advertising Divis

In January 2025, class action lawsuits were filed that shook the oral care industry to its core. Parents and advocates across the U.S. took a bold stand against iconic brands Crest, Colgate, Tom’s of Maine, Hello Products, Perrigo (Firefly), and Chattem (ACT), demanding answers and accountability for allegedly deceptive and hazardous marketing practices tied to fluoride-based toothpaste and mouthwash for children.