Tom's of Maine Class Action Lawsuit: Toothpaste Contains Harmful Bacteria

Case Overview: A class action lawsuit claims Tom's of Maine toothpaste is contaminated with harmful bacteria, despite the company's claims of natural and safe ingredients.

Consumers Affected: Consumers who purchased Tom's of Maine toothpaste.

Court: U.S. District Court for the Middle District of Florida, Orlando Division

Tom’s of Maine knowingly sold toothpaste contaminated with harmful bacteria, deceiving customers with claims of natural and safe products, a new lawsuit claims. The lawsuit, filed in Florida, accuses the company of violating consumer protection laws and failing to address contamination issues uncovered by the Food and Drug Administration.

The Florida resident Shana Denny, who filed the lawsuit, claims she relied on Tom’s advertising when purchasing the toothpaste but didn’t receive the promised quality. She says she wouldn’t have bought the product had she known the truth about the contamination.

FDA Investigation Reveals Bacterial Contamination in Tom's Toothpaste

In November, the FDA issued a warning to Tom’s of Maine after inspections revealed significant contamination in its toothpaste manufacturing process. Testing found at least three species of harmful bacteria, including Pseudomonas aeruginosa, known to cause blood and lung infections, and Ralstonia insidiosa, which can form biofilms in water systems.

Inspectors also observed mold-like substances near production equipment and found that contaminated water was used in toothpaste manufacturing and equipment cleaning. Despite these findings, Tom’s reportedly continued distributing products without adequately addressing the contamination risks, the lawsuit alleges.

The FDA criticized the company’s investigation into the issue, stating it lacked justification for dismissing contamination findings as lab errors. Additionally, Tom’s failed to act on hundreds of consumer complaints about product odor, taste, and color, according to the lawsuit. The agency warned that the company’s water systems and cleaning processes were not robust enough to meet pharmaceutical standards.

Consumers Misled by Tom's of Maine's "Natural" and "Safe" Claims

Denny says in the lawsuit she purchased Tom’s toothpaste based on its marketing claims of natural, safe ingredients, and said she trusted the company’s reputation and expected a quality product.

After learning about the FDA findings, Denny says she felt misled, alleging the product was not as advertised and posed health risks. The lawsuit claims Tom’s actions violate Florida’s consumer protection laws by engaging in deceptive practices. 

Denny states she would consider purchasing the toothpaste again only if the company could ensure its safety and quality.

Other Companies Face Lawsuits Over Contamination Issues

Tom’s of Maine isn’t the only company facing legal action for contamination issues. Several other brands have recently been sued:

• RiseWell Kids Mineral Toothpaste: Parents allege the product, marketed as safe and chemical-free, contains high levels of PFAS, posing serious health risks to children.
  
  
• Johnson & Johnson’s Listerine: A lawsuit claims the mouthwash promotes the growth of cancer-causing bacteria and accuses the company of failing to warn consumers.
  
  
• Milo’s Poultry Farms: A class action alleges the company sold Salmonella-contaminated eggs without proper warnings.
  
  
• Boar’s Head: A listeria outbreak linked to its Virginia facility led to 10 deaths and over 50 illnesses, resulting in lawsuits and massive product recalls.
  
  
• Badia Spices: The company faces claims that its cinnamon powder was contaminated with lead, putting consumers at risk.

In her lawsuit against Tom’s of Maine and its parent company Colgate Palmolive Company, Denny wants to represent consumers nationwide in her claims of violations of Florida’s Deceptive and Unfair Trade Practices Act, Breaches of Express Warranty, Negligent Misrepresentation, and Unjust Enrichment. She is seeking disgorgement, restitution, injunctive relief, damages, fees, and costs.

Case Details

• Lawsuit: Denny v. Colgate Palmolive Company, et al.
• Case Number: 6:24-cv-02129-WWB-RMN 
• Court: U.S. District Court for the Middle District of Florida, Orlando Division 

Plaintiffs' Attorneys

• William Wright and Kelly Mata (The Wright Law Office, P.A.)

Do you use Tom's of Maine toothpaste? What are your thoughts on this lawsuit? Share your opinion in the comments below.