• by Christine Bittar , December 6, 2006

Olympic Gold Medal swimmer Mark Spitz is suing Procter & Gamble, claiming the consumer products giant failed to obtain his permission to include him in marketing materials for Crest toothpaste, according to news reports.

A complaint filed this week in the Los Angeles County Superior Court says Spitz's name and Olympic record were used without authorization and that a "history of dentistry" poster for dentists and other advertising on P&G's Web site falsely claimed Spitz graduated from Indiana University's School of Dentistry, Bloomberg News reported.

Spitz is seeking unspecified compensatory and punitive damages as the lawsuit accuses P&G of misappropriation and unjust enrichment, Bloomberg reported. According to the complaint, Spitz studied biochemistry at Indiana University from 1968 to 1972 and did not attend dental school.

"The obvious purpose of the advertisement is to market Crest toothpaste by claiming that Spitz is a member of the dental health care profession and that he has endorsed Crest products," the complaint said.

Although he's taking issue with P&G, Spitz is no stranger to touting brands, having been a paid spokesperson for AstraZeneca's acid reflux drug Nexium.

Spitz won a record seven gold medals at the 1972 Olympic Games in Munich.

P&G did not return calls by press time.