Edited by: Top Class Actions  |  February 19, 2025

Category: Consumer News
Tom's of Maine Children's toothpaste on sale at a grocery store retailer shelf. Silly strawberry flavor.
(Photo Credit: melissamn/Shutterstock)

Tom’s of Maine class action lawsuit overview:

  • Who: Plaintiff Douglas White filed a class action lawsuit against Colgate-Palmolive Co. and Tom’s of Maine Inc.
  • Why: White claims the companies failed to warn consumers their Tom’s of Maine Kid’s Natural Fluoride-Free Toothpaste Silly Strawberry is contaminated with unsafe levels of lead and arsenic.
  • Where: The class action lawsuit was filed in a New York federal court.

A new class action lawsuit alleges Tom’s of Maine’s Kid’s Natural Fluoride-Free Toothpaste Silly Strawberry is contaminated with unsafe levels of lead and arsenic. 

Plaintiff Douglas White’s class action lawsuit claims Colgate-Palmolive and Tom’s of Maine failed to warn consumers that the toothpaste contains unsafe levels of the heavy metals, which he argues are powerful neurotoxins that can cause cognitive deficits, mental illness, dementia and hypertension.

White argues the alleged contamination is particularly concerning given the potentially severe and irreversible consequences of lead and arsenic consumption, especially in children.

“Children are particularly vulnerable to the potential harmful effects from arsenic exposure because of their smaller body sizes and rapid metabolism and growth,” the Tom’s of Maine kids’ toothpaste class action lawsuit claims.

White wants to  represent a nationwide class and New York subclass of consumers who purchased the Tom’s of Maine toothpaste during the applicable statute of limitations period.

Independent testing shows toothpaste contains unsafe levels of lead and arsenic, Tom’s of Maine class action claims

Independent testing conducted by the consumer and product safety advocacy group Lead Safe Mama, meanwhile, detected the presence of lead and arsenic in the Tom’s of Maine toothpaste at levels that are “staggeringly much more dangerous for children,” according to the Tom’s of Maine kids’ toothpaste class action. 

White argues Colgate-Palmolive and Tom’s of Maine use a marketing and advertising campaign that omits the presence of lead and arsenic from the ingredients list and that leads “reasonable” consumers to believe they are not purchasing a product with a known neurotoxin.  

“Defendants have improperly, deceptively, and misleadingly labeled and marketed their Product to reasonable consumers,” the Tom’s of Maine kids’ toothpaste class action says. 

White claims Colgate-Palmolive and Toms of Maine are guilty of negligence per se and unjust enrichment and violating New York General Business Law

The plaintiff demands a jury trial and requests declaratory relief and an award of statutory, treble and punitive damages for himself and all class members. 

A consumer filed a separate class action lawsuit against Tom’s of Maine last year over claims the company sold toothpaste products made with bacteria-contaminated water

Have you purchased Tom’s of Maine’s Kid’s Natural Fluoride-Free Toothpaste Silly Strawberry? Tell us in the comments.

The plaintiff is represented by Philip J. Furia and Jason P. Sultzer of Sultzer & Lipari PLLC.

The Tom’s of Maine class action lawsuit is White, et al. v. Colgate-Palmolive Co., et al., Case No. 1:25-cv-00662, in the U.S. District Court for the Eastern District of New York.


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66 thoughts onTom’s of Maine class action claims toothpaste contains heavy metals

  1. Katrina Osborn says:

    I have been using this for my 2 year old
    Now I don’t know what is safe.

  2. Roberto Veberic says:

    I’ve used this brand for both my son’s for 4+ years. Please add me

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