The Pennsylvania Superior Court has affirmed the dismissal of the 12 remaining dental cream adhesive products-liability suits in Philadelphia's mass tort system, finding the lower court was correct in finding the plaintiffs' experts' opinions did not meet Frye standards for admissibility.

A Philadelphia judge threw out the last 12 cases in In re Denture Adhesive Cream Litigation after barring the plaintiffs' experts from testifying that the use of Fixodent causes a neurological disorder known as copper deficiency myeloneuropathy, or CDM. The plaintiffs alleged the zinc in the denture adhesive cream Fixodent caused their bodies to block the absorption of copper, leading to CDM.

The plaintiffs argued their experts should not have even been subjected to the Frye test because their theories were not “novel science.” They cited to several textbooks that said zinc could cause copper deficiency that could lead to neurological disorders such as CDM.