A federal judge on Friday ruled that Colgate-Palmolive must defend two proposed class-action lawsuits alleging that the company’s packaging for mouth rinse gives parents the impression children under 6 can use the products safely. A related suit challenging Colgate toothpaste was dismissed by the court.
The plaintiffs in the class actions point to guidance from U.S. health authorities that children younger than 6 should not use fluoride rinses, and that children aged 2 to 6 should be limited to a "pea-sized" amount of fluoride toothpaste. They contend Colgate’s product presentation - including colorful packaging and child-focused flavors such as Bubble Fruit and Silly Strawberry - makes rinses appear suitable for very young children and suggests toothpaste can be applied in quantities similar to those used by older children and adults.
The lawsuits underscore concerns about fluoride ingestion, which plaintiffs note can be harmful if swallowed.
U.S. District Judge Andrea Wood, sitting in Chicago, said a reasonable consumer could be uncertain where to draw the line for mouth rinses given that many Colgate labels prominently display the words "kids" or "children’s." The judge said she was not persuaded by Colgate’s argument that consumers would recognize mouth rinses as over-the-counter drugs and therefore inspect back labels, where required U.S. Food and Drug Administration warnings for young children are printed.
"Viewed in context, the toothbrush with a full strip of toothpaste is there only to represent the act of toothbrushing," Wood wrote.
On the question of toothpaste, the judge reached a different conclusion. She pointed to label language on Colgate toothpaste that explicitly instructs children between 2 and 6 to use pea-sized amounts, a direction the court found distinguishable from the rinse packaging claims.
Colgate, which is headquartered in New York, and the company’s attorneys did not immediately respond to requests for comment.
Michael Connett, an attorney representing the plaintiffs, said courts have been open to deceptive labeling claims and framed the rulings as a potential corrective to industry marketing. He said, "These rulings will hopefully send a wake-up call to manufacturers to stop promoting unsafe use of fluoride products."
The filings are part of a broader set of disputes over fluoride product packaging for children. Procter & Gamble, maker of the Crest brand, along with Perrigo and Sanofi, have faced suits alleging that packaging for their children’s fluoride products is similarly misleading.
Colgate previously took steps related to product presentation. Last September, the company agreed to introduce new packaging for its Colgate, Tom’s of Maine and hello toothpaste brands to resolve an investigation by the Texas Attorney General. Procter & Gamble reached a comparable resolution in January.
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