BY COMFORT OGBONNA
A U.S. federal judge has ruled that consumer lawsuits accusing Colgate-Palmolive of misleading parents through the packaging of its children’s mouth rinse products can proceed in court. The decision allows two proposed class-action lawsuits to move forward, with plaintiffs claiming the company’s marketing may lead parents to believe that young children can safely use the rinses, even though health authorities advise against it for those under six years old.
The ruling came from Andrea Wood of the U.S. District Court in Chicago. While she allowed the lawsuits related to mouth rinse packaging to continue, she dismissed a similar case involving the company’s toothpaste products.
Parents who filed the lawsuits argue that packaging for Colgate’s children’s mouth rinses creates the impression that the products are appropriate for very young children. According to the complaints, the bottles often feature bright colors, playful branding, and flavors such as Bubble Fruit and Silly Strawberry. The plaintiffs say these marketing choices could encourage parents to assume the rinses are safe for children under six years old.
Health guidance from the U.S. Food and Drug Administration and other authorities warns that fluoride mouth rinses should not be used by children younger than six because they may accidentally swallow the liquid. Fluoride can help prevent tooth decay when used properly, but swallowing excessive amounts can be harmful, particularly for younger children.
The lawsuits also point to broader pediatric dental guidance. Experts generally recommend that children between the ages of two and six use only a “pea-sized” amount of fluoride toothpaste while brushing. This guidance is intended to minimize the risk of swallowing too much fluoride.
Judge Wood said that parents might reasonably be confused about whether the mouth rinses are appropriate for very young children. In her ruling, she noted that many of the product labels prominently display words such as “kids” or “children’s,” which could lead consumers to assume the products are suitable for all children.
She also rejected the company’s argument that parents should read the small print on the back of the packaging. Colgate had argued that consumers would recognize mouth rinse products as over-the-counter drugs and therefore check the detailed labeling, where warnings about young children appear.
According to the judge, it is not guaranteed that consumers would carefully review those warnings before purchasing or allowing their children to use the product. As a result, she determined that the claims alleging misleading packaging deserved further consideration in court.
However, Wood reached a different conclusion regarding the toothpaste claims. She said Colgate’s toothpaste packaging clearly instructs that children between two and six years old should use only a pea-sized amount. Because of those explicit instructions, she ruled that the toothpaste labeling was not misleading in the same way the mouth rinse packaging allegedly might be.
In her written decision, the judge explained that images on toothpaste packaging—such as a toothbrush showing a full strip of toothpaste—should not be interpreted as instructions for the amount children should use. Instead, she said the image simply represents the act of brushing teeth.
Colgate-Palmolive, which is headquartered in New York City, did not immediately respond to requests for comment following the court’s decision.
An attorney representing the plaintiffs, Michael Connett, said recent court decisions have shown that judges are increasingly willing to examine claims involving potentially deceptive product labeling. He said the ruling could push manufacturers to reconsider how they market fluoride-based products for children.
“These rulings should serve as a wake-up call to manufacturers,” Connett said, adding that companies should avoid marketing practices that could encourage unsafe use of fluoride products by young children.
Colgate is not the only company facing scrutiny over how children’s fluoride products are packaged and marketed. Similar lawsuits have been filed against several other manufacturers, including Procter & Gamble, which produces Crest toothpaste, as well as Perrigo and Sanofi.
The issue has also attracted attention from government regulators. Last year, Colgate agreed to introduce new packaging for several of its toothpaste brands—including Colgate, Tom’s of Maine, and Hello—following an investigation by Ken Paxton, the attorney general of Texas. The agreement required clearer labeling to ensure parents understand the appropriate amount of fluoride toothpaste for young children.
Procter & Gamble reached a similar resolution earlier this year, agreeing to modify labeling for certain children’s oral care products as part of a regulatory settlement.
The lawsuits against Colgate now move forward into the next stage of litigation, where the court will examine whether the company’s packaging and marketing practices could mislead consumers and potentially put young children at risk. The outcome could have broader implications for how companies design and label oral health products aimed at children.
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