A lawsuit has been filed against Colgate-Palmolive Co. and Tom’s of Maine, Inc., claiming misleading marketing practices related to its children's toothpaste products. Douglas White filed this legal action on February 6 in the United States District Court for the Eastern District of New York.
The complaint centers around allegations that the defendants deceptively marketed their "Tom’s of Maine Kid’s Natural Fluoride-Free Toothpaste Silly Strawberry" by failing to disclose that it contains unsafe levels of lead and arsenic—both known neurotoxins with severe health implications. White claims that this omission misled consumers into believing they were purchasing a safe product for their children. According to the filing, independent testing confirmed the presence of these harmful substances at dangerous levels, particularly concerning given the vulnerability of children to such toxins.
White argues that consumers trust manufacturers like Colgate-Palmolive and Tom's of Maine to provide safe products free from harmful substances. He alleges that this trust was violated when he purchased toothpaste contaminated with lead and arsenic, which can cause cognitive deficits and other serious health issues. The complaint highlights that the packaging fails to mention these risks, misleading reasonable consumers into believing they are buying a harmless product.
The plaintiff is seeking various forms of relief from the court, including monetary damages for himself and others similarly affected by what he describes as false advertising under New York General Business Law §§ 349 and 350. He also accuses the defendants of negligence per se due to violations of federal food safety laws and seeks restitution for unjust enrichment resulting from their alleged misconduct.
Representing Douglas White in this case are attorneys Philip J. Furia and Jason P. Sultzer from Sultzer & Lipari, PLLC. The case was filed under Case No. 1:25-cv-00662.