Colgate-Palmolive, Tom’s of Maine seek to reverse ‘natural’ product class action certification

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Update: 

• Colgate-Palmolive and Tom’s of Maine urged a judge to reverse certification of a class action lawsuit alleging they falsely advertised certain deodorant and toothpaste products as “natural” when they contain synthetic ingredients. 
• In a memo filed Sept. 23 in a New York federal court, Colgate said the three classes approved in April 2021 should be decertified because a substantial portion of the class members made the same claims in a similar case that was settled in 2015.
• The consumers claim Colgate and its subsidiary, Tom’s of Maine Inc., advertise certain deodorant and toothpaste products as “natural” despite the fact that they contain glycerin and xanthan gum.
• However, Colgate and Tom’s argue that the same plaintiffs were already part of a settlement over the “cookie-cutter” claims. 

(April 30, 2021)

Almost five years after filing an initial class action lawsuit, deodorant and toothpaste customers have gained certification for their claims that Colgate-Palmolive Co. falsely advertised certain products as “natural” when they contain synthetic ingredients. 

In an order posted April 23 by U.S. District Judge Kimba M. Wood in New York federal court, class action certification was granted to Classes of consumers in New York, Florida and California, Law 360 reported. A 2019 bid for a nationwide class was rejected.

The consumers claim Colgate and its subsidiary, Tom’s of Maine Inc., advertise certain deodorant and toothpaste products as “natural” despite the fact they contain glycerin and xanthan gum.

The judge said the consumers’ claims under state deceptive acts or practices and false advertising laws could go ahead, but breach of express warranty claims could not. 

Judge Wood shot down several of Tom’s and Colgate’s arguments against certification, including claims Tom’s already offers a “money back guarantee” and that the alleged “synthetic” ingredients vary from product to product, Law360 reported.

The class action includes anyone who bought any of the 17 deodorants and 34 toothpastes named in the class action lawsuit in New York, California or Florida since Sept. 24, 2015.

In the initial class action, Plaintiffs Anne de Lacour of Florida and Andrea Wright of California alleged Tom’s of Maine advertises its personal care products as “natural,” but they contain “ingredients that are synthetic and highly chemically processed,” including sodium lauryl sulfate and glycerin.

Sodium lauryl sulfate is a surfactant, detergent, and emulsifier that is sulfated and neutralized through chemical processing. Glycerin is an emollient and, according to the FDA, a synthetic substance.

De Lacour and Wright have been certified as Class representatives in the recent decision, as well as New York’s Loree Moran. 

In 2017, Colgate-Palmolive Co. and Tom’s of Maine urged federal judges to stay the class action lawsuits until the U.S. Food and Drug Administration determined how the term “natural” can be used on food labels, however the motion was denied.

The consumers say they take issue with Tom’s of Maine’s “misleading and deceptive advertising practices”, claiming the company plaster their deodorant products labels and website with claims and images related to the “natural” quality of its deodorant in order to capitalize on the growing market for natural products.

This is not the first time Colgate-Palmolive’s Tom’s of Maine brand has been accused of misleading or false advertising.

In March 2015, eight plaintiffs brought a similar nationwide class action lawsuit against Tom’s of Maine alleging the company mislabeled certain beauty and personal care products, including deodorants, toothpastes, and lip balms as natural when they allegedly contained chemical products.

That false advertising class action lawsuit was later settled for $4.5 million, with Tom’s of Maine denying any wrongdoing.

Have you bought a product thinking it was natural, and discovered later it contained synthetic ingredients? Let us know in the comments! 

The consumers are represented by Sarah N. Westcott of Bursor & Fisher PA.

The Colgate Toms Natural Class Action Lawsuit is Anne de Lacour et al. v. Colgate-Palmolive Co. et al., Case No. 1:16-cv-08364, in the U.S. District Court for the Southern District of New York.

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