Tom’s of Maine Class Action Says Toothpaste Contains Unnatural Ingredients

A California woman has filed a class action lawsuit against Tom’s of Maine, claiming the company’s toothpaste is not “all natural” as advertised.

Plaintiff Susan Coburn says Tom’s claims of being all natural constitute an unfair business practice and violates the California Consumers Legal Remedies Act, and therefore she and others are entitled to damages.

Coburn’s complaint says Tom’s toothpaste includes chemically processed ingredients such as xylitol and sodium lauryl sulfate.

Neither of these ingredients can be considered “natural,” the Tom’s of Maine class action lawsuit says. Xylitol is produced using a process that involves the use of charcoal, phosphorus acid, calcium oxide and sulfuric acid, while sodium lauryl sulfate is mixed with fatty alcohol before being converted into its final form. 

Coburn’s lawsuit says Tom’s of Maine’s marketing sells a natural lifestyle beyond simply marketing its products. On the company’s website, Tom’s tells the story of how its founders moved to Maine in search of a healthier life for their family, but had a hard time finding all-natural products.

“[S]ince 1970, our mission has been to help people live a more natural life,” the site reads.

Coburn says the word “natural” is prominent on the front label of Tom’s toothpaste and “is clearly intended to induce customers to not only rely upon this representation but also used to separate its product from the competition.”

The plaintiff relied upon this representation to be accurate and says she would not have bought Tom’s toothpaste nor would she have paid the “supra-competitive” price if she had known the “natural” description was false.

The Tom’s of Maine toothpaste class action lawsuit says Tom’s website also states all of the company’s products are “natural,” and tout attributes such as the natural taste and smell of herbs, fruits and flowers. But ingredients such as xylitol and sodium lauryl sulfate are not natural. 

Tom’s toothpaste sells for about $4.79 to $7.99 per tube, according to the Tom’s of Maine class action lawsuit. As a result, Tom’s has “wrongfully made and retained millions of dollars in profits from California consumers alone.”

The plaintiff asks that the Class include anyone in the U.S. who purchased Tom’s toothpaste, with a subclass of everyone who purchased the toothpaste in California for personal use at any time during the four years preceding the filing of Coburn’s complaint.

In December 2015, Tom’s of Maine reached a settlement in a similar class action lawsuit in Florida that had accused the company of mislabeling a number of its products, including the toothpaste, as “all natural” when they were not.

According to that settlement, Tom’s created a fund in the amount of $4.5 million from which Class Members were to be reimbursed at least $4 for each purchase of a covered product of up to seven items during the agreed-upon period.

The company was also to make changes to its labeling and advertising for a period of at least three years, including providing information about each of its products’ ingredients in an easy-to-access manner on its website.

Tom’s product packaging language was to be changed so as to identify Tom’s stewardship model and provide a quick way for consumers to access it and Tom’s definition of “natural.” 

Coburn’s complaint has been filed as a class action because the matter in controversy, exclusive of interest and costs, exceeds $5 million and more than 100 members of the Class are citizens of states different from defendants.

The class action lawsuit demands a jury trial and seeks an award of damages, restitution and disgorgement of Tom’s of Maine’s revenue to the plaintiff and the proposed Class and subclass.

The plaintiff also seeks declaratory and injunctive relief as permitted by law, including stopping Tom’s from continuing with the unlawful practices proposed in Coburn’s complaint and having Tom’s identify the “victims of its conduct” and pay them restitution.

The complaint seeks damages legally available according to proof on certain causes of action; pre- and post-judgment interest at the maximum allowable rate; litigation costs; attorneys’ fees and costs; and any other such relief the Court deems proper.

Have you purchased Tom’s of Maine toothpaste thinking the product was all natural? Tell us about your experience in the comments section below.

The plaintiffs are represented by Aashish Y. Desai and Adrianne De Castro of the Desai Law Firm PC.

The Tom’s of Maine All Natural Toothpaste Class Action Lawsuit is Susan Coburn, et al. v. Tom’s of Maine Inc., Case No. 8:20-cv-01036, in the U.S. District Court for the Central District of California.

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