A federal judge is preparing to dismiss a proposed class action that accuses Chattem Inc. of falsely claiming its ACT mouthwash rebuilds tooth enamel because the claims in the case appear to fall “millions of dollars short” of a $5 million threshold required for jurisdiction.
“Based on the current record, the court is satisfied that this action does not satisfy [the Class Action Fairness Act’s] amount in controversy requirement and the claims are due to be dismissed,” said Judge Roy B. Dalton of the U.S. District Court for the Middle District of Florida in Orlando.
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