Tom’s of Maine class action claims toothpaste made with bacteria-contaminated water

Tom’s of Maine class action lawsuit overview: 

• Who: Shana Denny filed a class action lawsuit against Colgate Palmolive Co. and Tom’s of Maine Inc. 
• Why: Denny claims Tom’s of Maine sold toothpaste products made with bacteria-contaminated water. 
• Where: The Tom’s of Maine class action lawsuit was filed in Florida federal court. 

Tom’s of Maine sold toothpaste products made with bacteria-contaminated water, a new class action lawsuit alleges. 

Plaintiff Shana Denny’s class action lawsuit says the Food and Drug Administration recently issued a warning to Tom’s of Maine and its owner Colgate Palmolive after it found at least three species of harmful bacteria at a Tom’s of Maine facility. 

Denny argues the FDA determined Tom’s of Maine failed to investigate hundreds of consumer complaints and continued distributing merchandise without looking into the quality of the water used during the manufacturing process. 

“Defendant Tom’s of Maine responded to the FDA by stating it is retrospectively looking into the incidents and that the detection of (bacteria) paracoccus yeei was due to a lab error. However, the agency said there is no evidence of that,” the Tom’s of Maine class action says. 

Denny wants to represent a nationwide class and Florida subclass of consumers who bought Tom’s of Maine’s toothpaste products during the fullest period of law. 

FDA investigator found ‘black mold-like substance,’ class action says

The Tom’s of Maine bacteria class action lawsuit argues Tom’s of Maine continued distributing merchandise based on the test results of final products despite the results of microbial tests it conducted. 

An FDA investigator also saw a “black mold-like substance” at the Tom’s of Maine facility in an area within a foot of equipment used for toothpaste production, the Tom’s of Maine bacteria class action alleges. 

Denny claims Colgate Palmolive and Tom’s of Maine are guilty of unjust enrichment, negligent misrepresentation, breaches of express warranty and implied warranty of merchantability/fitness for a particular purpose, and violations of Florida’s Deceptive and Unfair Trade Practices Act and the Magnuson Moss Warranty Act. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of punitive damages for herself and all class members. 

A consumer filed a separate class action lawsuit against Tom’s of Maine in 2023 over claims the company manufactured toothpaste it falsely advertised as able to prevent plaque. 

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

The plaintiff is represented by William Wright and Kelly Mata of The Wright Law Office, P.A.

The Tom’s of Maine bacteria class action lawsuit is Denny, et al. v. Colgate Palmolive Co., et al., Case No. 6:24-cv-02129, in the U.S. District Court for the Middle District of Florida.

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