Tom’s of Maine Class Action Says Children’s Toothpaste isn’t ‘Natural’

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A California father says the purportedly “natural” Tom’s of Maine products he purchased for his kids are actually made with synthetic chemicals.

In a class action lawsuit, plaintiff Schuyler White says Tom’s of Maine products that are labeled with representations like “natural,” “naturally sourced,” “naturally derived” and the like are falsely advertised.

These products actually contain a long list of ingredients that White believes no reasonable consumer would consider “natural.”

The Tom’s of Maine class action lawsuit also names as a defendant Colgate-Palmolive Company. Colgate has owned a controlling share of Tom’s of Maine since 2006.

The plaintiff recites a long list of products, many of which are marketed for use by children and babies, whose labeling describes them as “natural.”

The company’s many different kinds of toothpaste, mouthwash, deodorant, lotion, lip balms, baby shampoo, sunscreen and diaper cream all bear labeling that identifies them as “natural,” he claims.

Yet according to White, all these products contain unnatural ingredients.

The company’s toothpaste, including those marketed as children’s toothpaste and “training toothpaste” for toddlers, contain sodium lauryl sulfate and glycerine. Some toothpastes also contain potassium nitrate, sorbitol, xanthan gum, xylitol, sodium hydroxide, and/or sodium cocoyl glutamate, he claims.

Toms’s of Maine baby shampoo and washes contain sodium gluconate, glycerin and xanthan gum, according to White.

Seeking products that were safer for his own children, White says he purchased Tom’s of Maine children’s toothpaste earlier this year. He says that in choosing Tom’s of Maine products for his kids’ use, he relied on the “natural” indications on their labeling. He says he never would have purchased them had he realized they contain supposedly unnatural chemicals.

White’s claims echo those of two other plaintiffs in another Tom’s of Maine class action lawsuit filed last month in New York. Plaintiffs in that action say Tom’s of Maine has no business advertising its deodorant products as “all natural” when they contain allegedly synthetic ingredients like glycerin and sodium lauryl sulfate.

White is proposing to represent a plaintiff Class consisting of all U.S. residents “who, from September 24, 2015 to the present, purchased the Products for personal, family, or household use, and not for resale.” He also proposes a subclass of Class Members who reside in California.

He seeks an order barring Tom’s of Maine from continuing to sell the products at issue with any implication that they work naturally or are made from only natural ingredients. He also wants the court to order the company to engage in a corrective advertising campaign and to pay damages, restitution, court costs and attorneys’ fees.

White is represented by attorneys Brian J. Robbins, Kevin A. Seely, Ashley R. Rifkin and Leonid Kandinov of Robbins Arroyo LLP, Rebecca A. Peterson and Robert Shelquist of Lockridge Grindal Nauen PLLP, and Jessica A. Pride of The Pride Law Firm.

The Tom’s of Maine False Advertising Class Action Lawsuit is Schuyler White v. Colgate-Palmolive Co., et al., Case No. 3:16-cv-02808, in the U.S. District Court for the Southern District of California.

UPDATE: On June 2, 2017, Colgate-Palmolive Co. and its subsidiary Tom’s of Maine Inc. urged the federal judges overseeing their cases alleging improper labeling of “natural” products to stay the class action lawsuits until the U.S. Food and Drug Administration determines how the term “natural” can be used on food labels.