By Jonathan Stempel
March 27 (Reuters) – A federal judge on Friday said Colgate-Palmolive must face two lawsuits claiming its packaging for mouth rinse misleads parents into believing children under 6 can use the products safely. The judge dismissed a similar lawsuit concerning Colgate toothpaste.
Consumers in the proposed class actions said U.S. health authorities warned that children under 6 should not use fluoride rinses, and recommended that children between 2 and 6 use only “pea-sized” amounts of fluoride toothpaste.
They said Colgate’s packaging, featuring bright colors and flavors such as Bubble Fruit and Silly Strawberry, made it seem safe for young children to use rinses, and to use as much toothpaste as older children and adults. Fluoride can be harmful if swallowed.
U.S. District Judge Andrea Wood in Chicago said reasonable consumers might not know where to draw the line for rinses, given how most Colgate labels prominently featured the words “kids” or “children’s.”
She said she was unpersuaded by Colgate’s insistence that consumers would know rinses are over-the-counter drugs and check the back labels, which contain required U.S. Food and Drug Administration warnings for young children.
Toothpaste was different, the judge said, because the labels expressly instructed that children between 2 and 6 use pea-sized amounts.
“Viewed in context, the toothbrush with a full strip of toothpaste is there only to represent the act of toothbrushing,” Wood wrote.
Colgate, based in New York, and its lawyers did not immediately respond to requests for comment.
Michael Connett, a lawyer for the plaintiffs, said courts have been receptive to deceptive labeling claims. “These rulings will hopefully send a wake-up call to manufacturers to stop promoting unsafe use of fluoride products,” he said.
Procter & Gamble, which makes Crest, as well as Perrigo and Sanofi have also been sued over their packaging of fluoride products for children.
Colgate agreed last September to introduce new packaging for its Colgate, Tom’s of Maine and hello brands of toothpaste to resolve an investigation by Texas Attorney General Ken Paxton. Procter & Gamble reached a similar resolution in January.
(Reporting by Jonathan Stempel in New YorkEditing by Rod Nickel)
