I don't have a problem with a court addressing something like this.
Studies Provide Solution
An independent study published in the Journal of the American Dental Association (JADA) demonstrates that rinsing twice daily with an essential oil-containing antiseptic mouthrinse is just as effective at reducing plaque and gingivitis in areas between the teeth as flossing once daily.
(1) In the study published in the JADA, Listerine Mouthwash(R) reduced plaque between the eeth by 20 per cent and gingivitis by 11 per cent, while flossing led to 3.4 per cent and 4.3 per cent reductions respectively. This trial reinforces the findings of a prior Mississauga-based study published in the American Journal of Dentistry (AJD).
(2) Both studies compared the effectiveness of 30-second, twice daily use of Listerine Mouthwash to once daily flossing in more than 600 people ages 18 to 65 with mild to moderate gingivitis. These randomized and evaluator-blind studies were conducted in two independent research-testing facilities and were six months in duration. Designs of both studies met standard Canadian Dental Association (CDA) guidelines.
http://www.newswire.ca/en/releases/archive/April2004/27/c5615.html
Sound pretty effective to me. The judge is out to lunch.
Perhaps just as important, many people are more likely to use mouthwash than floss.