In re Crest Sensitivity Treatment & Protection Toothpaste Marketing & Sales Practices Litigation
Opinion of the Court
ORDER DENYING TRANSFER
Before the Panel:
Although all responding parties support centralization, there is disagreement as to the choice of an appropriate transferee district. Plaintiff in the action pending in the Northern District of California supports centralization in her district, while plaintiff in the action pending in the District of New Jersey favors centralization in his district. Common defendant Procter & Gamble Company (P & G) supports centralization in the Southern District of Ohio.
On the basis of the papers filed and hearing session held, we will deny the motion for centralization. Although the three actions share some factual issues regarding whether P & G deceptively marketed its Crest Sensitivity Treatment and Protection toothpaste,
IT IS THEREFORE ORDERED that the motion, pursuant to 28 U.S.C. § 1407, for centralization of these actions is denied.
MDL No. 2348 — IN RE: CREST SENSITIVITY TREATMENT & PROTECTION TOOTHPASTE MARKETING AND SALES PRACTICES LITIGATION
Northern District of California
Cherish M. Smith v. Procter & Gamble Company, CA. No. 3:12-00557
District of New Jersey
Edward Rossi v. Procter & Gamble Company, CA. No. 2:11-07238
Southern District of Ohio
Joe Gilbert, et al. v. Procter & Gamble Company, CA. No. 1:12-00040
Judge John G. Heyburn II and Judge Kathryn H. Vratil took no part in the decision of this matter.
. Plaintiffs allege that P & G made unsubstantiated claims that the product was "new” and that it provided rapid relief from tooth sensitivity.
. The Panel has not been informed of any potential tag-along actions, and the subject toothpaste was on the market for a period of less than a year.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.