Class Actions: Denture Adhesive and Zinc Poisoning Text Size:

As the US population ages, millions of people are wearing dentures, and using over-the-counter denture creams or adhesives with these common dental appliances. Several lawsuits, including class actions, have been filed against denture cream manufacturers by consumers who claim they suffer from zinc poisoning due to using these products. Internet searches and law firm Web sites and advertising show that there's no shortage of such claims. Learn about the basis for these consumer claims and details on zinc, denture creams and poisoning risks.

Denture Creams and Zinc

Based on US Food and Drug Administration (FDA) information, denture cream (adhesive) is a medical device. These products are applied to dentures before insertion into a patient's mouth to help secure the dentures and increase wearing comfort. The FDA classifies denture cream as a Class I low-risk device. This means manufacturers don't have to list ingredients, like zinc, on their products' labels. The FDA monitors Class I devices, so sources such as manufacturers and hospitals must report incidents of injury or death connected to a product, and manufacturing or product malfunctions. Regulations related to a device's manufacture and use have to be satisfied, too.

Consumers have claimed that without warnings about denture cream risks, they've used the product and suffered zinc poisoning. In large doses, zinc can cause people to suffer nerve damage (neuropathy), copper deficiency, lethargy, and ataxia. In small doses, zinc is a part of a healthy diet and can be found in over-the-counter multi-vitamins, meats and other foods. Zinc is also found in water, soil and air.

A diagnosis of zinc poisoning may come about only through medical detective work when no other explanation for a patient's symptoms can be found. Medical studies have found links between high zinc levels and chronic use of denture adhesives, with no other source for excessive zinc exposure.

Claimants report common symptoms such as numbness in the limbs and discover zinc toxicity through blood tests. A consumer in Texas with zinc poisoning and nerve damage saw zinc levels in his body return to normal after he stopped using his usual dental cream. However, he claimed that the nerve damage was permanent.

Legal Theories and Claims for Damages

In denture cream lawsuits, plaintiffs' claims may be based on several legal theories. These include strict liability, design defect, failure to warn, negligence, intentional misrepresentation, negligent misrepresentation, and product warranty claims. Claims also include unlawful marketing under the Deceptive Trade Practices Act of 2005.

Claimants have sought damages for their injuries, and at least one potential class action complaint sought medical monitoring for users of a specific denture cream. Medical monitoring is typically sought by plaintiffs when injuries tend to be latent and might not otherwise be recognized during usual preventative care. Other types of damages sought are for medical expenses, mental anguish, loss of enjoyment of life and lost earning capacity.

Punitive damages, which are damages designed to deter similar action by the defendant in the future, or by others, have been claimed on grounds that manufacturers consciously disregarded anticipated harm from denture cream use.

Questions for Your Attorney

• My doctor ran tests and found that I suffered from zinc poisoning. I've been a denture adhesive user for years. Can you help me determine whether my health problems could be connected to my denture cream use?
• How have cases against denture cream/adhesive manufacturers ended? Have there been settlements or judgments in these cases? How many have been dismissed?
• Are denture cream cases filed on an individual basis, as class actions, or both? If there's a class action in my area, can I still file an individual suit? What are the pro and cons of each type of lawsuit?
• Denture creams seem to have been around forever. How long have people been filing suits alleging damage due to its use?

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