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W.M. Wrigley, Jr. Company Class Action Settlement In Class Action Lawsuit Over Eclipse Gum Natural Germ Killing Labeling

Class Action Settlement Agreement Filed In Class Action Lawsuit Against W.M. Wrigley, Jr. Company Over Alleged Deceptive Marketing & Sale Of Eclipse Gum With Magnolia Bark Extract.

W.M. Wrigley, Jr. Company has agreed to pay up to $7 million dollars to settle a class action lawsuit pending against it (hereinafter “Wrigley” or “Defendant”) in the United States District Court for the Southern District of Florida (styled Carol D. Smith v. W.M. Wrigley, Jr. Company, Case No. 0:09-cv-60646-JIC), alleging that Wrigley engaged in deceptive advertising by including on its package labels that its Eclipse gum brand was scientifically proven to help kill germs that cause bad breath as a result of a natural ingredient, Magnolia Bark Extract (“MBE”), according to class action settlement news reports.

The Wrigley Eclipse Gum MBE natural germ killing class action settlement agreement reportedly provides that, subject to court approval, settlement class members may seek recovery of money spent on Eclipse gum or mint product labeled with a “NATURAL GERM KILLING” message purchased and sold within the United States after June 1, 2008.  Claimants may recover up to $5.00 by submitting a simplified Claim Form either by mail or electronically.  Claimants may recover up to $10.00 by submitting a Claim Form and signing the following affirmation under penalty of perjury: “I affirm that I purchased the listed Wrigley Eclipse gum or mints in packaging with a ‘NATURAL GERM KILLING’ message in the United States.”

The Wrigley Eclipse Gum MBE class action settlement also reportedly provides, among other things, that Wrigley will refrain from using in its advertising, and manufacturing further products labeled with, the “germ kill” messages challenged in the class action complaint.

If You Have Thoughts On The Wrigley Eclipse Gum Natural Germ Killing MBE Class Action Settlement, Share Your Settlement Comments Below.

{ 4 comments… add one }
  • CALACTX June 3, 2010, 7:13 am

    Another typical settlement where consumers lose and attorney win! Our nation’s class action system – originally designed to help the little guy – has run amok, most times benefiting only the personal injury lawyers. The general population suffers due to these suits.. Explosive litigation can drive companies out of business (putting workers out of a job) and increase the costs we pay for goods and services. Wonder how much a pack of juicy fruit will cost us now!

    As citizens, we can do our part to foster justice by not participating in any class action lawsuit unless truly harmed. Taking part when not injured delays justice and dilutes the class such that actual victims do not receive the compensation they need. Well, maybe the plaintiffs became ill because of germs not being killed by Eclipse.

  • theodore popee June 10, 2010, 10:42 pm

    Does not kill geams like advertised breath smells good for a short time

  • CS June 25, 2010, 11:42 am

    for you to read

  • mama_p July 25, 2010, 4:37 am

    I love this gum and buy the 20 pack at BJ’s to keep me stocked at work. In fact, I have the box in my bottom drawer right now.

    In the new study, Minmin Tian and Michael Greenberg tested the germ-killing power of magnolia bark extract using saliva samples taken from volunteers following a regular meal. Mints containing the extract killed more than 61 percent of the germs that cause bad breath within 30 minutes, compared with only a 3.6 percent germ-kill for the same flavorless mints without the extract, the researchers say.

    The extract also showed strong antibacterial activity against a group of bacteria known to cause cavities. Mints and chewing gum containing the extract may also provide a “portable oral care supplement to dentifrice (toothpaste), where brushing is not possible,” the study states.

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