Colgate and Tom’s of Maine sued over alleged lead, arsenic in toothpaste

Colgate toothpaste class action overview:

• Who: Plaintiff Walter Triesch filed a class action lawsuit against Colgate-Palmolive Co. and Tom’s of Maine Inc.
• Why: Triesch claims Colgate and Tom’s of Maine deceptively marketed and labeled toothpaste products as safe which contained heavy metals.
• Where: The Colgate toothpaste class action lawsuit was filed in New York federal court.

A new class action alleges Colgate and Tom’s of Maine deceptively marketed and labeled toothpaste products as safe while failing to disclose dangerous concentrations of heavy metals.

Plaintiff Walter Triesch alleges Colgate and Tom’s of Maine failed to disclose that certain toothpaste products contain dangerous concentrations of lead, arsenic and mercury while making claims that, “We test every batch of toothpaste we make.”

He argues these heavy metals are “well-documented neurotoxins that pose serious risks to public health.”

Triesch wants to represent a nationwide class and New York subclass of consumers who purchased Tom’s of Maine Silly Strawberry Fluoride-Free Toothpaste and Colgate Total Active Prevention Whitening Toothpaste within the relevant limitations period.

Colgate, Tom’s of Maine should have known about heavy metal risk, class action claims

Triesch alleges Colgate and Tom’s of Maine marketed their toothpaste products as safe, thoroughly tested and free of harmful ingredients.

However, according to independent testing, Silly Strawberry contained 240 parts per billion (“ppb”) of lead, and Total Active contained 539 ppb of lead. “These levels far exceed the thresholds considered safe and public health authorities,” the class action states.

The Colgate toothpaste class action goes on to say that, “Defendants operate sophisticated, global businesses with access to robust sourcing and quality control data. They had the ability to test for heavy metals and adopt safer formulations. They chose not to.”

Triesch argues these omissions and misrepresentations deprived consumers of the ability to make informed decisions and induced them to pay a price premium for products worth significantly less.

Triesch claims Colgate and Tom’s of Maine are guilty of unjust enrichment and violations of New York General Business Law. He demands a jury trial and requests declaratory and equitable relief and an award of compensatory, actual, exemplary, punitive and statutory damages for himself and all class members.

Earlier this year, another class action against Colgate and Tom’s of Maine claimed Kid’s Natural Fluoride-Free Toothpaste in Silly Strawberry flavor was contaminated with unsafe levels of lead and arsenic. 

The companies also faced a separate lawsuit claiming some of their toothpaste products were tainted with mold and bacteria.

Did you purchase either one of the Tom’s of Maine or Colgate toothpaste products mentioned in the class action? Let us know in the comments.

The plaintiff is represented by Raphael Janove of Janove PLLC.

The Colgate toothpaste class action lawsuit is Triesch v. Colgate-Palmolive Company, et al., Case No. 1:25-cv-04443, in the U.S. District Court for the Southern District of New York.

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