Colgate, Tom's of Maine Face Lawsuit: Are Kids' Toothpastes Safe?

Case Overview: Multiple class action lawsuits allege major brands like Colgate-Palmolive and Tom’s of Maine misled parents about the safety of their fluoride-containing toothpastes for children, claiming deceptive marketing encourages ingestion and poses health risks.

Consumers Affected: U.S. parents who purchased Kids Cavity Protection, Watermelon Burst, Unicorn Pump, and Kids Natural toothpaste, among other products.

Court: U.S. District Court for the Northern District of Illinois and U.S. District Court for the Southern District of California

Two of the biggest names in oral hygiene—Colgate-Palmolive and its natural-leaning brand Tom’s of Maine—are facing a proposed class action lawsuit over their kids’ toothpastes. 

The companies are accused of marketing products like “Unicorn Pump,” “Watermelon Burst,” and “Kids Cavity Protection” as safe for children, despite fluoride levels that federal health guidelines warn may be dangerous when swallowed. 

The lawsuit claims these fruity-flavored pastes are deceptively designed to appeal to toddlers while concealing the real risks of ingesting fluoride, particularly in amounts far above what’s medically recommended.

Parents Claim Deceptive Packaging Encourages Fluoride Ingestion

The lawsuit, filed by five Illinois parents, details how they purchased these products believing them to be safe for their children—some as young as six months old. 

The parents say they relied on the colorful branding, cartoon imagery, and child-friendly names to assume the toothpaste was safe for ingestion, especially since the products were marketed specifically for kids.

But instead of a smear-sized dab, the children regularly brushed with full strips of paste under caregiver supervision. Because the pastes had candy-like flavors and fun packaging, the kids often ended up swallowing most of it. 

The parents say they weren’t warned about the potential health hazards on the packaging and only later learned that fluoride, while effective at fighting cavities when used correctly, poses serious risks when ingested by young children.

Understanding Fluoride: Benefits and Risks for Young Children

Fluoride is widely used in toothpaste for its proven ability to strengthen tooth enamel and reduce cavities. But health authorities including the FDA, CDC, and American Dental Association all stress that children under six should use only a rice grain– to pea-sized amount—and never swallow it.

The risks of overexposure include dental fluorosis, a permanent condition that leaves white or brown marks on teeth, and in more extreme cases, fluoride toxicity. Symptoms can resemble stomach flu, with nausea and vomiting, and large ingestions can be fatal. 

According to the lawsuit, as little as one-third of a tube of fluoride toothpaste could kill a toddler. Despite these known risks, the plaintiffs argue that Colgate and Tom’s of Maine designed and promoted their kids' toothpaste in a way that invites overuse and ingestion.

They also claim the companies made it harder for parents to find the government-mandated safety warnings by placing them under peel-back labels packed with marketing claims, rather than on the main label itself.

Aggressive Marketing Accused of Inviting Overuse

The complaint paints a picture of decades-long advertising campaigns by Colgate showing full strips of paste on children’s brushes. The imagery and messaging, the suit says, convinced parents that more toothpaste meant better protection. 

The plaintiffs allege that encouraging kids to use too much toothpaste leads not just to health risks, but to economic loss, since caregivers unknowingly go through the product much faster.

Toothpaste Makers Face Mounting Legal Challenges

This isn’t the only legal challenge facing toothpaste manufacturers. Colgate-Palmolive, the parent company of Tom’s of Maine, is among several companies named in a wave of recent lawsuits alleging they misled consumers about the safety of fluoride-containing products for children.

In six lawsuits filed in federal courts in Illinois and California, parents accuse major brands, including Procter & Gamble, Colgate-Palmolive, and the makers of Firefly mouth rinses, of deceptively marketing fluoride toothpaste and rinses as safe for children.

Separately, Tom’s of Maine is also facing a lawsuit in Florida alleging the company knowingly sold toothpaste contaminated with harmful bacteria while marketing it as natural and safe. 

Meanwhile, a proposed class action lawsuit filed against RiseWell, a brand that advertises its children’s toothpaste as chemical-free and safe to swallow, alleges the product contains high levels of toxic PFAS chemicals, raising further concerns about health risks in products marketed for kids.

In their lawsuit against Colgate and Toms, the parents want to represent anyone in Arizona, California, Connecticut, Florida, Hawaii, Idaho, Illinois, Minnesota, Missouri, New Jersey, New York, Virginia, Washington State, and Washington D.C. who bought the Kids Cavity Protection, Watermelon Burst, Unicorn Pump, and Kids Natural toothpaste.

Case Details

• Lawsuit: Clayborne, et al. v. Colgate-Palmolive Company, et al.
• Case Number:1:25-cv-04877 
• Court: U.S. District Court Northern District of Illinois  

Plaintiffs' Attorneys

• Michael Connett, Aaron Siri, Elizabeth A. Brehm, and Lisa Considine (Siri & Glimstad LLP)

Do you use fluoride toothpaste for your children? What are your thoughts on these safety concerns? Share your opinion below.