CHICAGO, March 28 (APP): A US federal judge ruled on Friday that Colgate-Palmolive Co. must defend against two proposed class action lawsuits claiming its mouth rinse products for children have deceptive packaging that misleads parents about safety for kids under six.
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U.S. District Judge Andrea Wood in Chicago allowed the cases to proceed while dismissing a similar lawsuit concerning Colgate’s fluoride toothpaste.
Allegations of Misleading Marketing
The lawsuits allege that Colgate’s brightly colored mouth rinses, featuring flavors like Bubble Fruit and Silly Strawberry, prominently display words such as “kids” or “children’s” on the packaging. They also include imagery that suggests the products are suitable for very young children.
Plaintiffs argue this confuses parents, despite US health authorities warning that children under six should not use fluoride mouth rinses because swallowing fluoride can be harmful. The suits claim the packaging downplays risks and fails to clearly highlight safety limitations.
Judge’s Reasoning
Judge Wood noted that reasonable consumers might not realize the restrictions on fluoride rinses, especially given the prominent front-of-pack claims. She was not convinced by Colgate’s argument that buyers would check the back labels containing FDA warnings for young children.
The judge distinguished the mouth rinse cases from the toothpaste lawsuit, pointing out that toothpaste packaging includes clearer instructions for children aged two to six to use only a pea-sized amount.
Plaintiffs’ lawyer Michael Connett said the rulings should serve as a wake-up call to manufacturers to stop promoting unsafe use of fluoride products for young children.
Colgate-Palmolive, based in New York, did not immediately respond to requests for comment on the ruling.
This decision comes amid growing scrutiny over marketing of children’s oral care products containing fluoride.