Colgate Class Actions Claim Company Misleads Consumers About Safety Of Charcoal Toothpaste, Sells Sunscreen Containing Benzene

Colgate Charcoal/Benzene Class Action Lawsuit Overview: 

• Who: A pair of class action lawsuits have been filed against Colgate-Palmolive Company over the sale of its charcoal toothpaste and Elta MD UV Aero Broad-Spectrum Full-Body Sunscreen Spray, SPF 45.
• Why: Plaintiffs claim the charcoal toothpaste is not safe for teeth and the sunscreen contains benzene, a cancer-causing chemical.
• Where: The class action lawsuits were filed in New York federal court.

Colgate-Palmolive Company misleads consumers by claiming its charcoal toothpaste won’t harm teeth and selling sunscreen contaminated with benzene, a known human carcinogen, a pair of new separate class action lawsuits allege. 

Plaintiff Teresa Rodriguez claims Colgate sells Elta MD UV Aero Broad-Spectrum Full-Body Sunscreen Spray, SPF 45 that is contaminated with benzene, which she argues has been linked to a number of blood cancers, including leukemia. 

Rodriguez claims Colgate fails to disclose that its product contains benzene, despite listing the products other active and inactive ingredients. 

“Benzene is a widely recognized and incredibly dangerous substance, especially in the context of applying it to the skin,” the class action lawsuit states. 

Rodriguez wants to represent a nationwide class of consumers and New York subclass who purchased the Elta MD UV Aero Broad-Spectrum Full-Body Sunscreen Spray, SPF 45 sunscreen. 

Rodriguez claims Colgate intentionally fails to disclose that the product is contaminated with benzene so that it will not scare health-conscious consumers off from purchasing it. 

“Defendants’ concealment was material and intentional because people are concerned with what is in the products that they are putting onto and into their bodies,” the class action lawsuit states. 

The benzene contamination came to light after a study by Valisure, an independent analytical pharmacy, discovered traces of benzene in a number of cosmetic, sunscreen and aerosol spray products. 

Rodriguez claims Colgate is guilty of fraudulent concealment, among other things, and in violation of New York General Business Law. She is demanding a jury trial and requesting monetary, statutory, treble and punitive damages for herself and all class members. 

Charcoal Harms Tooth Enamel, Plaintiffs Argue

Plaintiffs Felix Bermudez and Kimberly Richardson, meanwhile, claim Colgate sells lines of toothpaste containing charcoal that are not safe to be used. They argue the charcoal in the toothpaste harms tooth enamel, despite promises to the contrary by the company. 

“Colgate omitted material facts, including that charcoal, when used in toothpastes, is known to be abrasive to enamel and the gums,” the class action lawsuit states. 

Bermudez and Richardson claim Colgate has profited off selling the toothpaste by using a misleading marketing strategy that harmed consumers. 

Bermudez and Richardson want to represent a nationwide class of consumers along with a New York subclass and multistate class of consumers who purchased charcoal toothpaste from Colgate. 

Among other things, Bermudez and Richardson claim Colgate is guilty of fraud and in violation of the New York Deceptive Trade Practices Act. 

Bermudez and Richardson are demanding a jury trial and requesting relief in the form of statutory and punitive damages for themselves and all class members. 

A separate class action was filed against Colgate in 2017 by a consumer who claimed the company exaggerated the effectiveness of its Colgate Optic White toothpaste. 

Have you purchased the affected Colgate sunscreen or charcoal toothpaste products? Let us know in the comments! 

Rodriguez is represented by Jason P. Sultzer, Joseph Lipari, and Daniel Markowitz of The Sultzer Law Group P.C. and David C. Magagna Jr. and Charles E. Schaffer of Levin Sedran & Berman. 

Bermudez is represented by Jonathan Shub and Kevin Laukaitis of Shub Law Firm LLC. 

The Colgate Charcoal/Benzene Class Action Lawsuits are Bermudez, et al. v. Colgate-Palmolive Company, Case No. 1:21-cv-10988, in the U.S. District Court for the Southern District of New York; and Rodriguez, et al. v. Colgate-Palmolive Company, et al., Case No. 1:21-cv-11002, in the U.S. District Court for the Southern District of New York. 

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