Tom’s Toothpaste Isn’t ‘All-Natural,’ Class Action Lawsuit Claims

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A class action lawsuit accuses natural personal care product maker Tom’s of Maine Inc. of tricking consumers into buying its “natural” toothpaste, which allegedly contains highly processed chemicals.

Lead plaintiff Allison Gay of Fort Lauderdale, Florida, alleges in the false advertising class action lawsuit that she bought Tom’s of Maine’s toothpaste based on representations in the marketing and labeling of the toothpaste that it was “all natural.” However, Gay claims these representations were “false and misleading because the Products contain ingredients that are heavily chemically processed, including xylitol and sodium lauryl sulfate.”

Gay points out in her Tom’s toothpaste class action lawsuit, “Xylitol is an ingredient derived from the crushed fibers of sugar cane using a multi-step chemical reaction that involves the use of sulfuric acid, calcium oxide, phosphoric acid and active charcoal,” and “[sodium lauryl sulfate] is a highly chemically-processed surfactant, detergent and emulsifier sourced from fatty acids that are extracted from coconut or palm oil, which are then chemically converted into esters and hydrogenated through the addition of chemicals to produce fatty alcohol.  The fatty alcohol is then sulfated and neutralized through further chemical addition to yield the final ingredient.”

Gay argues that although Tom’s advertises that the ingredients are natural, “…Tom’s website clearly represents that [xylitol] is a natural ingredient:  ‘Although there are other ingredients that could impart some of the same properties, we have chosen to use xylitol in several of our oral care products because of its natural source and possibly additional dental hygiene benefits,'” and “Tom’s similarly represents that [sodium lauryl sulfate] is a natural ingredient, stating on its website that ‘our sodium lauryl sulfate is naturally derived from coconut and/or palm kernel oil,'” the ingredients are “anything but natural.”

Gay claims that she paid a premium for the toothpaste that was advertised as “all natural,” paying $3.99 for a tube at Publix and $4.99 for one at Whole Foods. This was more, Gay argues, than other toothpastes that were not advertised as natural. Gay points out that Tom’s advertises it’s products as natural on their packaging and on their website, including statements such as “such as “[w]e do not use any synthetic flavors or fragrances. Our customers prefer the fresh, natural taste and smell of herbs, fruits and flowers (or no fragrance all all!).”

The Tom’s toothpaste class action lawsuit brings allegations on behalf of a class of individuals in the United States who purchased Tom’s of Maine toothpaste and a subclass of similarly situated individuals in Florida. Gay claims that Tom’s of Maine’s marketing of the toothpaste violated Florida’s Deceptive and Unfair Trade Practices Act and requests unspecified damages and relief.

Allison Gay is represented by Nathan C. Zipperian, Scott R. Shepherd, James C. Shah and Natalie Finkelman Bennett of Shepherd Finkelman Miller & Shah LLP, and Jeffrey Feinberg of the Feinberg Law Firm.

The Tom’s of Maine Toothpaste Class Action Lawsuit is Allison Gay v. Tom’s of Maine Inc., Case No. 0:14-cv-060604, in the U.S. District Court for the Southern District of Florida.

UPDATE: On June 8, 2016, Top Class Actions readers started receiving Tom’s of Maine class action settlement checks worth as much as $30.59.