Dr. Brite kids toothpaste class action lawsuit overview:
- Who: Plaintiff Alma Franco filed a class action lawsuit against Dr. Brite Naturals.
- Why: Franco claims Dr. Brite misled consumers by labeling its kids toothpaste as “non-toxic” and “safe to swallow” when it allegedly contains unsafe levels of heavy metals.
- Where: The Dr. Brite kids toothpaste lawsuit was filed in California federal court.
A new class action lawsuit alleges Dr. Brite misled consumers by labeling its kids toothpaste as “non-toxic” and “safe to swallow” when it contains unsafe levels of heavy metals.
Plaintiff Alma Franco filed the class action complaint against Dr. Brite Naturals on May 12, alleging violations of state and federal consumer laws.
According to the lawsuit, Dr. Brite Kids Mineral Toothpaste Strawberry Sky is contaminated with unsafe levels of mercury, lead, cadmium and arsenic, known to cause serious health conditions such as impaired brain development, breathing problems, abnormal heart rhythms and cancer.
Despite this, Dr. Brite markets the toothpaste as “non-toxic” and “safe to swallow,” the lawsuit says. Franco claims she and other reasonable consumers relied on these misrepresentations when purchasing the product for their children.
The complaint cites a product safety advocacy group’s chart containing the toxicant profiles of 51 toothpaste and tooth powder products, which shows that Dr. Brite Kids Toothpaste tested positive for detectable levels of lead, cadmium, mercury and arsenic.
The concentrations of these heavy metals in the toothpaste are harmful to health and require disclosure, the lawsuit claims.
The Food and Drug Administration (FDA) and the World Health Organization have declared mercury, lead, cadmium and arsenic “dangerous to human health,” especially in children.
FDA issued warning letter for violations of Current Good Manufacturing Practice (CGMP)
In November 2024, the FDA issued a warning letter to Dr. Brite LLC, telling the company “your methods, facilities, or controls for manufacturing, processing, packing, or holding do not conform to CGMP, your drug products are adulterated within the meaning of section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. 351(a)(2)(B).”
Dr. Brite recently issued a notice on its website stating: “As of the morning of Thursday, June 12th, we will no longer be accepting new orders and will begin winding down all operations.”
In the class action lawsuit, Franco claims Dr. Brite failed to disclose the presence of heavy metals on the toothpaste’s packaging or marketing materials. Instead, the company allegedly made false representations about the product’s safety, including claims that it contains “clean ingredients,” is “safe for your little ones,” and is “free of toxic chemicals.”
Franco seeks to represent anyone in the United States who purchased Dr. Brite Kids Toothpaste for household use and not for resale. She is suing for breach of warranty, fraud, negligent misrepresentation, unjust enrichment and violations of California consumer laws.
She is asking the court to certify the class action and to order Dr. Brite to recall the toothpaste and award damages to consumers.
Similar allegations against Dr. Bronner’s claims its toothpaste contains mercury, lead and arsenic in concentrations that are harmful to human health.
What do you think of the allegations made in this Dr. Brite kids toothpaste lawsuit? Let us know in the comments.
The plaintiff is represented by Matthew J. Langley of Almeida Law Group LLC.
The Dr. Brite kids toothpaste class action lawsuit is Alma Franco v. Dr. Brite Naturals, Case No. 8:25-cv-00999, in the U.S. District Court for the Central District of California.
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