Israeli sues mouthwash marketer for double gargling

Reading the instructions is always good practice, but reading them in both Hebrew and English led an astute lawyer in Ramat Gan to file an $8 million class-action lawsuit against the importer of a popular mouthwash.

Attorney Yossi Beitner, a regular user of Proctor & Gamble’s Oral B mouthwash, peeled off the Hebrew language instructions label on his bottle and noticed that the English version concealed underneath was different, the Ynet news website reported.

The Hebrew version told customer to use the product twice a day and gargle for 30 seconds each time, but the English instructions told users to gargle once a day for 60 seconds.

The difference in versions meant Israeli customers used the product twice as fast, prompting Beitner to file a NIS 30 million (about $8.3 million) class-action lawsuit against the local importer.

Beitner’s lawsuit claims the Israeli company conspired to cause Israeli consumers to use double the amount of product they actually needed. Customers outside of Israel, or those who peeled off the Hebrew language sticker on top of their bottle and paid attention to the English instructions, would use half the amount.

The lawyer did the math and realized that as a constant user of mouthwash he would be out-of-pocket an extra 1,398 shekels (about $375).

“The connection between the non-disclosure of additional usage instructions and the damage caused to the consumer was ostensibly proven,” said Judge Shoshana Almagor, who approved the petition for the class-action and gave the company 45 days to file a defense.

Proctor & Gamble’s Israeli representative said the company would respond according to legal procedures.