Colgate class action over recyclable toothpaste tubes escapes dismissal

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Update: 

• A California federal judge declined to dismiss a class action lawsuit claiming Colgate falsely represents its toothpaste tubes as recyclable. 
• The class action lawsuit argues Colgate knows its toothpaste tubes will invariably end up either in landfills or incinerators. 
• U.S. Magistrate Judge Joseph Spero rejected Colgate’s argument that nothing in the complaint points to an intrinsic reason why recycling facilities reject its products.
• The class action lawsuit claims the shape of the tubes and the fact that they cannot be fully emptied makes them unrecyclable, the judge determined. 
• The judge also rejected Colgate’s claim that “external market circumstances” are behind why recycling facilities reject its tubes. 

Colgate recyclable tube class action lawsuit overview: 

• Who: Roman Weingartner and Kristin Della filed a class action lawsuit against Colgate-Palmolive Company. 
• Why: Weingartner and Della claim Colgate deceives consumers by labeling its Colgate and Tom’s of Maine toothpaste tubes as recyclable, arguing the tubes are only accepted at a “minuscule” number of recycling facilities.  
• Where: The class action lawsuit was filed in California federal court. 
• What are my options: Check out Quip for toothpaste alternatives. 

(Aug. 17, 2023)

Colgate-Palmolive Co. falsely advertises that its toothpaste tubes are recyclable, a new class action lawsuit alleges. 

Plaintiffs Roman Weingartner and Kristin Della claim Colgate labels its Colgate and Tom’s of Maine toothpaste tubes with claims they are recyclable, despite the tubes allegedly only being recyclable at a “minuscule” number of recycling facilities. 

Weingartner and Della argue “virtually all” municipal recycling programs and materials recovery facilities in California and the U.S. are unable to “effectively distinguish” between the purportedly recyclable tubes and conventional non-recyclable toothpaste tubes. 

“Defendant knows that the Products almost invariably end up in landfills or incinerated because recycling facilities do not accept them,” the Colgate class action states. 

Weingartner and Della want to represent a nationwide class and a California subclass of all persons who — since Aug. 11, 2019 for the nationwide class — have purchased a Colgate or Tom’s of Maine brand toothpaste product that was labeled as being recyclable. 

Colgate acknowledged in video that its toothpaste tubes are not widely accepted at recycling facilities, class action says

Weingartner and Della argue Colgate acknowledged in a video that it is still working to make sure its toothpaste tubes are accepted in recycling centers, effectively acknowledging that the tubes currently are not. 

“Defendant’s representations that the Products are recyclable are thereby material, false, misleading and likely to deceive members of the public,” the Colgate class action states. 

Weingartner and Della claim Colgate is guilty of unfair, unlawful, and deceptive trade practices, negligent misrepresentation, fraud, deceit, and/or misrepresentation, and of violating California’s Consumers Legal Remedies Act and False Advertising Law. 

The plaintiffs are demanding a jury trial and requesting injunctive relief along with an award of damages, restitution, and statutory penalties for themselves and all class members. 

In September 2022, Colgate and Tom’s of Maine urged a federal judge in New York to reverse class certification for a separate complaint filed over claims falsely advertised certain deodorant and toothpaste products as “natural.” 

Have you purchased a Colgate or Tom’s of Maine toothpaste labeled as recyclable? Let us know in the comments! 

The plaintiffs are represented by Seth A. Safier, Marie McCrary, and Rajiv V. Thairani of Gutride Safier LLP. 

The Colgate recyclable tube class action lawsuit is Weingartner, et al. v. Colgate-Palmolive Co., Case No. 3:23-cv-04086, in the U.S. District Court for the Northern District of California.

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