Colgate, Tom’s of Maine Lawsuit Claims Certain Kids Fluoride Toothpastes Are Deceptively Marketed to Encourage Overuse

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A proposed class action lawsuit alleges Colgate-Palmolive Company and Tom’s of Maine have misleadingly marketed some of their kids fluoride toothpastes to encourage children to use far more product than is recommended or safe.

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The products at issue in the 59-page lawsuit include Colgate Kids Cavity Protection Toothpaste, Colgate Kids Watermelon Burst Toothpaste, Colgate Kids Maximum Cavity Protection Toothpaste sold in a unicorn-design pump and Tom’s Kids Natural Fluoride Anticavity Toothpaste.

According to the complaint, health authorities such as the American Dental Association, American Academy of Pediatrics and Centers for Disease Control and Prevention widely agree that children under the age of three should use no more than a rice-sized smear of fluoride toothpaste and children ages three to six should use no more than a pea-sized amount. The case explains that these guidelines are intended to help maximize the benefits of fluoride while preventing excessive ingestion by young children, as, per the suit, fluoride is potentially poisonous if swallowed.

The case alleges that Colgate and Tom’s know they will sell less toothpaste if caregivers enforce the recommended fluoride toothpaste dosages. The filing argues the defendants have resorted to deceptive and aggressive advertising strategies to induce consumers into using more toothpaste per brushing than is advised, particularly by depicting full strips of toothpaste in their marketing materials for the kids products.

“Showing a full strip of paste implies that this is the recommended quantity to use, despite being eight to ten times more than the safe and recommended amount for a child under 3, and three to four times more than the safe and recommended amount for a child 3 to 6,” the complaint contends.

The filing further claims that Colgate and Tom’s have deceived caregivers into believing the products are specially formulated to be safe for young children to ingest, citing the companies’ use of candy flavors and fruit imagery in marketing the toothpastes. For instance, the Tom’s product at issue comes in flavors including “Silly Strawberry,” “Outrageous Orange Mango,” “Watermelon Wiggle,” “Wild Blueberry” and “Fruitilicious,” the lawsuit relays.

“Since fruit is something that is healthy for kids to eat, the imagery of fruit implies that the product is healthy, or at least not harmful, for young kids to ingest,” the suit says.

The case alleges that, contrary to these representations, swallowing as little as one full strip of fluoride toothpaste can cause nausea, stomachache and vomiting in toddlers. Ingesting one-third of a tube of Colgate’s Watermelon Burst toothpaste could expose a toddler to enough fluoride to be fatal, the filing shares. Excess fluoride exposure can also lead to dental fluorosis, neurodevelopmental disorders and endocrine disruption in children, the complaint notes.

“Studies have empirically tested, and confirmed, that adding candy flavor to toothpaste increases the amount of paste that children add to their brush, as well as the amount of toothpaste that they ingest,” the suit asserts.

The case alleges that the defendants’ deceptive marketing tactics encouraging excessive toothpaste use have exposed children to significant health risks and financially damaged caregivers by requiring them to buy toothpaste more frequently.

The lawsuit against Colgate and Tom’s looks to represent all individuals in Arizona, California, Connecticut, Florida, Hawaii, Idaho, Illinois, Minnesota, Missouri, New Jersey, New York, Virginia, Washington or Washington D.C. who purchased one or more of the toothpaste products mentioned on this page for children under the age of six during the applicable statute of limitations period and who used more than the recommended amount of paste.

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