Another class action claims Tom’s of Maine toothpaste contaminated with bacteria

Tom’s of Maine class action overview:

• Who: A group of consumers filed a class action lawsuit against Tom’s of Maine Inc. and its parent company Colgate-Palmolive Co. 
• Why: The plaintiffs claim Tom’s of Maine sold toothpaste contaminated with bacteria.
• Where: The class action lawsuit was filed in New York federal court.

A new class action lawsuit alleges Tom’s of Maine sold toothpaste contaminated with bacteria. Tom’s of Maine, a Colgate-Palmolive company, is a well-known brand for natural and environmentally friendly oral care products.

Plaintiffs Jana Rabinowitz, Shana Denny and Yolanda Pitre filed a class action complaint alleging the company sold toothpaste contaminated with bacteria and failed to recall or refund the affected products, despite a warning from the U.S. Food and Drug Administration (FDA) about unsanitary manufacturing conditions.

The plaintiffs argue an FDA inspection in May 2024 uncovered several violations at Tom’s of Maine’s manufacturing facility, including that the company used water contaminated with bacteria to produce multiple batches of toothpaste, and failed to adequately investigate or address the contamination.

“The agency ultimately found that Tom’s ‘methods, facilities or controls for manufacturing, processing, packing, or holding do not conform’ to current good manufacturing practice,” the Tom’s of Maine class action lawsuit says.

Robinowitz, Denny and Pitre want to represent a nationwide class and California, New York and Florida subclasses of consumers who purchased Tom’s of Maine toothpaste since December 2020.

Lack of a recall or refund rendered purchase worthless, class action says

Robinowitz, Denny and Pitre state that Tom’s of Maine has not issued a recall or offered any refunds for the affected toothpaste products, despite the FDA issuing a warning letter in November 2024. 

This failure, they argue, left consumers with unusable toothpaste, effectively rendering their purchases worthless.

“Plaintiffs, unwilling to use toothpaste exposed to bacteria in an unsafe and unsanitary facility, like thousands of consumers who were (reasonably) disgusted and alarmed by the FDA’s findings, chose not to wait for an official recall and stopped using and/or discarded or will discard their Tom’s toothpastes and other oral care products,” the Tom’s of Maine class action lawsuit says. 

Robinowitz, Denny and Pitre claim Tom’s of Maine is guilty of intentional misrepresentation, negligent misrepresentation, breach of express warranty, unjust enrichment and fraud by concealment – fraud by omission, as well as in violation of state consumer protection laws. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of compensatory, actual and statutory damages for themselves and all class members. 

A similar lawsuit claiming bacterial contamination was filed last year against Tom’s of Maine in California and an additional case in Florida in late 2024. The “health brand” company is also facing allegations that it deceptively marketed and labeled toothpaste products as safe even though they contained heavy metals.

Have you purchased Tom’s of Maine toothpaste? Let us know in the comments.

The plaintiffs are represented by Jeffrey I. Carton and Catherine H. Friesen of Denlea & Carton LLP, William Wright of The Wright Law Office P.A. and Thiago Coelho of Wilshire Law Firm PLC.

The Tom’s of Maine class action lawsuit is Rabinowitz, et al. v. Colgate-Palmolive Co., et al., Case No. 2:25-cv-06996, in the U.S. District Court for the Eastern District of New York.

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