A federal judge in Chicago has ruled that Colgate-Palmolive cannot dismiss two class-action lawsuits that accuse the company of using deceptive packaging on children’s mouthwash products.
The lawsuits claim that Colgate’s marketing materials mislead parents into thinking their mouth rinse products are safe for children younger than 6 years old, despite federal health guidelines stating otherwise.
According to the legal complaints, federal health officials have advised against fluoride rinses for children under age 6 and recommend that kids between ages 2 and 6 should only use small, pea-sized portions of fluoride toothpaste due to potential harm if the fluoride is swallowed.
The plaintiffs argue that Colgate’s product packaging uses appealing bright colors and kid-friendly flavors like Bubble Fruit and Silly Strawberry, creating the impression that these rinses are appropriate for very young children to use freely.
U.S. District Judge Andrea Wood determined that typical consumers might struggle to understand appropriate age limits for the rinses, particularly because Colgate’s labels prominently display terms like “kids” or “children’s.”
Judge Wood rejected Colgate’s argument that parents would naturally understand the products are over-the-counter medications and would read the FDA-required warnings printed on the back of the packaging.
However, the judge reached a different conclusion regarding toothpaste claims, dismissing that portion of the lawsuit. She noted that toothpaste labels specifically direct parents to give children between 2 and 6 only pea-sized amounts.
“Viewed in context, the toothbrush with a full strip of toothpaste is there only to represent the act of toothbrushing,” Wood explained in her written decision.
The New York-based company and its legal representatives have not yet provided a response to requests for comment on Friday’s ruling.
Attorney Michael Connett, who represents the plaintiffs, expressed satisfaction with the court’s decision and said similar cases have gained traction in recent years. “These rulings will hopefully send a wake-up call to manufacturers to stop promoting unsafe use of fluoride products,” he stated.
Colgate is not alone in facing such legal challenges. Other major oral care manufacturers including Procter & Gamble (which produces Crest), along with Perrigo and Sanofi, are defending similar lawsuits over their children’s fluoride product packaging.
Last September, Colgate reached an agreement with Texas Attorney General Ken Paxton to modify packaging for its Colgate, Tom’s of Maine, and hello toothpaste brands following a state investigation. Procter & Gamble entered into a comparable settlement in January.
