Corporate Misconduct Accountability Project
Colgate-Palmolive Co. and Tom’s of Maine, Inc. · class action
Tom’s of Maine Toothpaste for Kids Allegedly Contains Lead and Arsenic
Colgate-Palmolive and Tom’s of Maine allegedly sold children’s toothpaste contaminated with neurotoxins while marketing it as natural and safe, putting thousands of kids at risk.
CRITICAL SEVERITY
TL;DR
Colgate-Palmolive and Tom’s of Maine are accused of selling children’s toothpaste containing dangerous levels of lead and arsenic without warning parents. The Tom’s of Maine Kid’s Natural Fluoride-Free Toothpaste Silly Strawberry was marketed as safe and natural, but independent testing found neurotoxins that can cause cognitive deficits, mental illness, and permanent harm, especially in children. Parents paid premium prices believing they were buying a healthy product, only to learn their kids may have been exposed to substances with no safe consumption level.
Read on to see how companies allegedly hid toxins in products for kids
3.5 μg/dL
CDC blood lead reference value triggering health department investigation
Zero
Safe blood level of lead according to CDC
1.37 IQ
Average IQ points lost per 1 μg/dL increase in blood lead
The Allegations: A Breakdown
Core Allegations
What they did · 6 points
| 01 | Colgate-Palmolive and Tom’s of Maine sold children’s toothpaste contaminated with unsafe levels of lead and arsenic without disclosing these neurotoxins on product labels or packaging. The companies specifically listed other ingredients but omitted any mention of lead or arsenic, misleading parents who relied on ingredient lists to make safe choices for their kids. | high |
| 02 | Independent testing by consumer safety advocacy group Lead Safe Mama detected lead and arsenic in the Tom’s of Maine Kid’s Natural Fluoride-Free Toothpaste Silly Strawberry at levels described as extremely elevated for adults and staggeringly more dangerous for children. The testing confirmed the presence of these powerful neurotoxins that are known to cause cognitive deficits, mental illness, dementia, and hypertension. | high |
| 03 | The companies marketed the toothpaste directly to children using cartoon strawberry characters, bright packaging, and claims of great taste, while knowing children commonly swallow toothpaste. Defendants even published website content acknowledging that children want to eat toothpaste, yet failed to warn about the extreme danger of consuming toothpaste contaminated with lead and arsenic. | high |
| 04 | Colgate-Palmolive and Tom’s of Maine have a history of contamination issues. In 2024, the FDA investigated and found other Tom’s of Maine products contaminated with dangerous mold-like substances, demonstrating a pattern of quality control failures that the companies allegedly failed to address. | medium |
| 05 | The companies possessed superior knowledge about their manufacturing processes, raw materials, and contamination risks but chose not to test for lead and arsenic or disclose the results to consumers. No reasonable consumer would commission laboratory testing before buying toothpaste, leaving parents entirely dependent on manufacturers to disclose dangerous substances. | high |
| 06 | Defendants charged premium prices for the product based on marketing it as natural and safe, capitalizing on parents’ willingness to pay more for products they believe are healthier for their children. The alleged deception allowed the companies to maintain higher profit margins while exposing vulnerable children to neurotoxins. | medium |
Regulatory Failures
How the system failed to protect kids · 4 points
| 01 | The FDA classifies fluoride-free toothpaste as a cosmetic, not a drug, creating a regulatory loophole that allows less stringent oversight of products children put in their mouths daily. Under federal law, cosmetics containing poisonous or deleterious substances that may injure users are considered adulterated, yet the Tom’s of Maine product allegedly remained on shelves. | high |
| 02 | Federal regulations prohibit misbranding of cosmetics when labeling is false or misleading, yet the companies allegedly listed ingredients while omitting lead and arsenic. This selective disclosure exploited gaps in enforcement, allowing the product to appear compliant while concealing critical safety information from parents. | high |
| 03 | The CDC identifies 3.5 micrograms per deciliter as the blood lead reference value requiring health department investigation, representing the top 2.5 percent of highest blood lead levels in US children. Despite this established threshold, no regulatory mechanism prevented the sale of toothpaste that could contribute to reaching these dangerous levels. | medium |
| 04 | The FDA recognizes that children are particularly vulnerable to arsenic exposure due to smaller body sizes and rapid metabolism and growth, yet regulatory frameworks allowed a children’s product with arsenic contamination to be sold without mandatory disclosure. The gap between known vulnerability and protective action left kids exposed. | high |
Profit Over People
How financial incentives drove harmful choices · 5 points
| 01 | The companies knew consumers would pay premium prices for products marketed as natural and safe for children, creating a financial incentive to omit information about lead and arsenic contamination. Full disclosure would have destroyed the product’s market position and eliminated the price premium parents willingly paid. | high |
| 02 | Defendants designed their marketing campaign around the absence of fluoride and presence of natural ingredients, building consumer trust that translated directly into sales. Revealing neurotoxin contamination would have undermined this entire business model and required costly reformulation or product withdrawal. | high |
| 03 | The companies possessed unique knowledge about manufacturing processes, ingredient sourcing, and contamination risks but chose not to conduct testing that would have revealed lead and arsenic levels. Avoiding testing allowed them to maintain plausible deniability while continuing to profit from sales to unsuspecting families. | medium |
| 04 | Colgate-Palmolive and Tom’s of Maine are described as large and sophisticated corporations with extensive experience producing consumer products, yet allegedly failed to implement quality controls that would detect neurotoxin contamination. The gap between their capabilities and their actions suggests a calculated decision to prioritize profit over testing costs. | medium |
| 05 | The companies specifically marketed the product to appeal to children using silly strawberry flavoring and cartoon characters, maximizing sales volume by making the toothpaste attractive to young consumers. This strategy increased consumption among the most vulnerable population while allegedly concealing the greatest risks. | high |
Public Health and Safety
The human cost of contamination · 6 points
| 01 | There is no safe blood level of lead according to the CDC. Lead consumption reduces intelligence and increases the risk of mental illness, dementia, hypertension, arrhythmia, and breast cancer. Even low levels of exposure cause an average loss of 1.37 IQ points per 1 microgram per deciliter increase in blood lead concentration. | high |
| 02 | Research shows that an increase of only 0.3 micrograms per deciliter of median blood lead levels is associated with doubling the risk for panic disorder. Lead accumulates in bones and brain tissue and can cause health problems decades after exposure, meaning childhood contamination creates lifelong risks. | high |
| 03 | Children are at especially high risk from lead and arsenic exposure due to developing brains. Compared to adults, less of these toxins are stored in bones and teeth, meaning more circulates through the nervous system. Even low levels affect learning capacity, attention span, and academic achievement, with effects that can be permanent. | high |
| 04 | The FDA warns that children are particularly vulnerable to harmful effects from arsenic exposure because of their smaller body sizes and rapid metabolism and growth. The contamination is particularly egregious given these known vulnerabilities and the severe and irreversible consequences of arsenic consumption. | high |
| 05 | Children with blood lead levels at or above 3.5 micrograms per deciliter must be reported to state and local health departments, which may prompt investigation of the child’s home and environment plus regular monitoring. Children with levels above 20 micrograms per deciliter require advanced treatments including abdominal x-rays, bowel decontamination, chelation therapy, or hospitalization. | medium |
| 06 | Chronic low dose exposure to lead is associated with cognitive decline and dementia in older adults, demonstrating that effects extend far beyond childhood. Ingested lead accumulates in the body and can cause health problems even decades later, meaning early exposure from contaminated toothpaste could manifest as illness throughout a person’s entire life. | medium |
Community Impact
How families were affected · 4 points
| 01 | The plaintiff purchased the contaminated toothpaste multiple times from brick-and-mortar stores in Staten Island, New York, and gave it to his child, demonstrating how the alleged contamination reached everyday families in their own neighborhoods. The product was sold through normal retail channels where parents shop for household necessities. | medium |
| 02 | Parents trusted that manufacturers would sell safe products for their children and relied on ingredient listings to make informed choices. The alleged omission of lead and arsenic undermined this fundamental trust, introducing hidden health hazards into the daily routines of countless families who believed they were protecting their kids. | high |
| 03 | The product was marketed throughout New York State and the entire country, meaning thousands of families nationwide potentially exposed their children to neurotoxins. The class action encompasses all consumers who purchased the product anywhere in the United States during the relevant period. | medium |
| 04 | Children commonly swallow toothpaste, a fact acknowledged by Colgate-Palmolive on their own website. This normal childhood behavior transformed a daily hygiene routine into a potential source of neurotoxin exposure, affecting kids in the supposedly safe environment of their own bathrooms. | high |
Economic Fallout
The financial harm to consumers · 4 points
| 01 | Consumers paid premium prices for a product marketed as natural and safe, but received toothpaste contaminated with neurotoxins that rendered it worthless. Parents who bought the product believing ingredient lists were complete lost the entire benefit of their bargain when they learned about the omitted lead and arsenic. | high |
| 02 | The plaintiff and class members would not have purchased the product at any price had they known the truth about lead and arsenic contamination. The alleged deception caused families to spend money they otherwise would have saved or directed toward genuinely safe alternatives. | medium |
| 03 | Defendants realized substantial revenues by selling the product while concealing contamination, enriching themselves at the expense and detriment of consumers. The companies knowingly benefited from maintaining false perceptions of safety that justified premium pricing. | medium |
| 04 | The lawsuit seeks monetary damages, restitution, disgorgement of all moneys obtained through unlawful conduct, statutory damages of fifty dollars per transaction under New York law, treble damages for knowing violations, and punitive damages. These remedies aim to recover both individual losses and deter future misconduct. | medium |
Corporate Accountability Failures
Why this was allowed to happen · 5 points
| 01 | Consumers lack the ability to test products for contaminants like lead and arsenic at the point of sale and must rely entirely on manufacturers to truthfully report what products contain. No reasonable consumer commissions laboratory testing before purchasing toothpaste, creating complete dependence on corporate honesty. | high |
| 02 | The companies possessed unique and superior knowledge about ingredients, raw materials, manufacturing processes, and associated contamination risks, yet allegedly failed to test for neurotoxins or disclose results. This information asymmetry left consumers powerless to protect their families from hidden dangers. | high |
| 03 | Colgate-Palmolive and Tom’s of Maine had a duty to provide accurate information about product contents but instead created marketing campaigns that omitted material facts about contamination. The alleged deception continued throughout the class period with uniform misleading representations on packaging and labeling. | high |
| 04 | Previous FDA investigation in 2024 found Tom’s of Maine products contaminated with dangerous mold-like substances, yet the companies allegedly failed to implement adequate quality controls to prevent subsequent contamination. The pattern suggests systemic accountability failures rather than isolated incidents. | medium |
| 05 | Only after independent testing by consumer advocacy groups detected lead and arsenic did the contamination come to light. Corporate self-policing failed, regulatory oversight was insufficient, and consumers were forced to rely on nonprofits to uncover threats that manufacturers should have prevented or disclosed. | high |
The PR Machine
How marketing obscured the truth · 4 points
| 01 | The companies marketed the toothpaste using images of smiling children holding the product with captions like great taste, presenting a wholesome image that concealed contamination. Marketing materials emphasized natural ingredients and fluoride-free formulation to appeal to health-conscious parents seeking safe options for kids. | medium |
| 02 | Product packaging prominently featured claims about gentle cleaning, naturally sourced calcium and silica, and being free of artificial dyes, flavors, and preservatives. These representations created an impression of purity and safety while allegedly omitting the presence of lead and arsenic neurotoxins. | high |
| 03 | The silly strawberry branding with cartoon fruit characters made the product attractive and appealing to young children, maximizing consumption among the most vulnerable population. This child-focused marketing strategy increased sales while allegedly concealing the greatest health risks from contamination. | medium |
| 04 | The Tom’s of Maine brand emphasizes natural and stewardship values, creating consumer trust that the company carefully sources ingredients and prioritizes safety. This brand positioning allowed the companies to charge premium prices while allegedly failing to disclose contamination that contradicted core brand promises. | medium |
The Bottom Line
What this case reveals · 4 points
| 01 | This lawsuit reveals how profit incentives can override public health when companies possess superior knowledge about product safety but face insufficient oversight. The alleged concealment of lead and arsenic in children’s toothpaste demonstrates that market forces alone do not protect consumers from hidden dangers. | high |
| 02 | The case shows that natural and organic marketing claims can obscure serious contamination issues, exploiting consumer trust to maintain sales of potentially harmful products. Parents who paid premium prices for what they believed was a safer choice may have actually exposed their children to neurotoxins. | high |
| 03 | Independent testing by consumer advocacy groups proved essential to uncovering contamination that corporate quality controls and regulatory oversight failed to prevent or disclose. The system relies on nonprofits and private litigation rather than proactive corporate responsibility to protect public health. | medium |
| 04 | The alleged violations demonstrate how companies can operate within legal gray zones by omitting rather than affirmatively misrepresenting, exploiting the gap between listing ingredients and disclosing contaminants. This legal minimalism prioritizes avoiding liability over ensuring safety. | medium |
Timeline of Events
Throughout Class Period
Colgate-Palmolive and Tom’s of Maine allegedly manufacture, market, and sell Kid’s Natural Fluoride-Free Toothpaste Silly Strawberry without disclosing lead and arsenic contamination
2024
FDA investigates Tom’s of Maine and finds other products contaminated with dangerous mold-like substances
2024-2025
Independent testing by Lead Safe Mama detects presence of lead and arsenic in the children’s toothpaste at levels described as extremely elevated for adults and staggeringly more dangerous for children
February 2025
Douglas White files class action complaint in US District Court for the Eastern District of New York alleging deceptive marketing and contamination
Direct Quotes from the Legal Record
QUOTE 1
No safe level of lead exists
health
“Lead is a powerful neurotoxin. There is no safe blood level of lead. Lead consumption has been shown to reduce intelligence, and to increase the risk of mental illness, dementia, hypertension, arrhythmia, and breast cancer.”
💡 This establishes that any lead exposure from the toothpaste poses serious health risks with no acceptable threshold
QUOTE 2
Children especially vulnerable to arsenic
health
“Children are particularly vulnerable to the potential harmful effects from arsenic exposure because of their smaller body sizes and rapid metabolism and growth.”
💡 The FDA’s own warning shows defendants knew children faced heightened risks from the contamination they allegedly concealed
QUOTE 3
Effects can be permanent
health
“Even low levels of lead in blood have been shown to affect a child’s learning capacity, ability to pay attention, and academic achievement. The effects of lead and arsenic exposure can be permanent.”
💡 This demonstrates the lifelong consequences children may face from exposure to the contaminated toothpaste
QUOTE 4
Testing confirmed dangerous contamination
allegations
“Independent testing has detected the presence of lead and arsenic in the Product. This testing includes, but is not limited to testing conducted by the consumer and product safety advocacy group Lead Safe Mama has confirmed and demonstrated the presence of lead and arsenic in the Product at levels that are not only extremely elevated for adults, but staggeringly much more dangerous for children.”
💡 Third-party testing provides concrete evidence supporting claims that the product contained neurotoxins at dangerous levels
QUOTE 5
Companies knew kids swallow toothpaste
allegations
“Children are known to innocently consume toothpaste by Defendants, even prompting Defendants to include a bulletin on their website highlighting this. Defendants omit from their website the extreme danger of children consuming toothpaste that has been contaminated with lead and arsenic.”
💡 This shows defendants were aware children would ingest the product but failed to warn about contamination risks
QUOTE 6
Pattern of contamination problems
allegations
“Defendants are no strangers to contamination of their toothpaste products. Just recently in 2024 the FDA investigated and found other products sold by Defendants under the same brand name to have been contaminated with dangerous mold-like substances.”
💡 Prior FDA findings demonstrate this was not an isolated incident but part of a pattern of quality control failures
QUOTE 7
Omission from ingredient lists
allegations
“Defendants specifically list the ingredients of the Product on the labeling; however, Defendants fail to disclose that the Product contains, or is at the risk of containing, lead and arsenic.”
💡 The selective disclosure of some ingredients while omitting neurotoxins demonstrates alleged intent to mislead consumers
QUOTE 8
Superior corporate knowledge
accountability
“Defendants are in the unique and superior position of knowing the ingredients and raw materials used in the manufacturing of their Product and posses unique and superior knowledge regarding the manufacturing process of the Product, the manufacturing process of the ingredients and raw materials the Product contains, and the risks associated with those processes, such as the risk of lead and arsenic contamination.”
💡 This establishes defendants had specialized knowledge about contamination risks that consumers could never access
QUOTE 9
Consumers cannot test products
accountability
“The fact that the Product is contaminated with lead and arsenic is not information that is reasonably accessible to Plaintiff and the class members. The only possible way for Plaintiff and the Class Members to obtain such information would be to conduct their own independent testing prior to purchasing the Product. No reasonable consumer commissions laboratory testing before purchasing toothpaste.”
💡 This highlights the complete information asymmetry that left parents unable to protect their children
QUOTE 10
Product marketed directly to kids
pr_machine
“Defendants specifically market the Product to appeal to children by using their labeling and marketing campaign to claim the Product is a healthy toothpaste for kids.”
💡 Marketing to children increased consumption among the most vulnerable population while concealing contamination
QUOTE 11
Material omission led to purchases
profit
“By omitting that the Product includes lead and arsenic on the labels of the Product throughout the Class Period, Defendants knew that those omissions are material to consumers since they would not purchase a product with a harmful neurotoxins such as lead and arsenic.”
💡 This establishes defendants understood the omission was essential to maintaining sales and profits
QUOTE 12
Products worthless due to contamination
economic
“That is because Defendants’ Product containing, or at risk of containing lead or arsenic, known dangerous substances, have no value.”
💡 This supports the economic harm claim that consumers received nothing of value despite paying premium prices
QUOTE 13
IQ loss from low-level exposure
health
“People exposed to low levels of lead lose an average of 1.37 IQ points per 1 microgram/deciliter increase in blood lead concentration.”
💡 Quantifies the cognitive harm children face even from exposure levels that might seem minor
QUOTE 14
Doubling of panic disorder risk
health
“Research has shown that an increase of only 0.3 micrograms/deciliter of median blood lead levels is associated with a doubling of the risk for panic disorder.”
💡 Demonstrates how small increases in lead levels can have major psychiatric consequences
QUOTE 15
FDA classifies as cosmetic
regulatory
“The FDA considers toothpaste which lacks fluoride to be a cosmetic.”
💡 This regulatory classification may have created less stringent oversight for a product children put in their mouths daily
Frequently Asked Questions
What product is this lawsuit about?
The lawsuit concerns Tom’s of Maine Kid’s Natural Fluoride-Free Toothpaste in Silly Strawberry flavor, marketed for children. The product was allegedly contaminated with lead and arsenic but sold without any warning or disclosure of these neurotoxins on the packaging or ingredient list.
What health risks do lead and arsenic pose to children?
Lead and arsenic are powerful neurotoxins with no safe exposure level. Lead exposure reduces intelligence (average loss of 1.37 IQ points per 1 microgram per deciliter of blood lead), impairs learning and attention, and increases risks of mental illness, dementia, and hypertension. Arsenic is particularly dangerous for children due to their smaller size and rapid development. Effects can be permanent and last a lifetime.
How was the contamination discovered?
Independent testing by consumer safety advocacy group Lead Safe Mama detected the presence of lead and arsenic in the toothpaste. The testing found levels described as extremely elevated for adults and staggeringly more dangerous for children. This third-party testing revealed contamination that the companies allegedly failed to disclose.
Did the companies know about the contamination?
The lawsuit alleges the companies possessed unique and superior knowledge about their manufacturing processes, raw materials, and associated contamination risks. They had the ability to test products before sale but allegedly failed to disclose lead and arsenic presence. Additionally, the FDA had already found contamination in other Tom’s of Maine products in 2024.
Why didn’t the ingredient label mention lead and arsenic?
The lawsuit alleges the companies engaged in deceptive omission by listing some ingredients while failing to disclose lead and arsenic contamination. This selective disclosure allegedly misled consumers into believing the product was safe based on the ingredient list provided, when in fact it contained dangerous neurotoxins.
Were these companies aware children swallow toothpaste?
Yes. The lawsuit states that Colgate-Palmolive published content on their website acknowledging that children commonly swallow toothpaste. Despite knowing children would ingest the product, the companies allegedly failed to warn about the extreme danger of consuming toothpaste contaminated with lead and arsenic.
What should parents do if their child used this toothpaste?
Parents concerned about exposure should consult their pediatrician about blood lead testing. The CDC recommends investigation for children with blood lead levels at or above 3.5 micrograms per deciliter. Parents may also want to document their purchases and consider whether they qualify for the class action lawsuit seeking compensation for those who bought the product.
How much did consumers overpay for this product?
The lawsuit alleges consumers paid premium prices for a product marketed as natural and safe, but received toothpaste contaminated with neurotoxins that rendered it worthless. Parents relied on the natural branding and ingredient disclosure to justify paying more than they would for conventional toothpaste, meaning they lost the entire benefit of their bargain.
Has Tom’s of Maine had contamination problems before?
Yes. In 2024, the FDA investigated Tom’s of Maine and found other products sold under the same brand name contaminated with dangerous mold-like substances. This prior FDA finding demonstrates a pattern of quality control failures rather than an isolated incident.
What is the lawsuit seeking?
The class action seeks monetary damages, restitution, disgorgement of all profits from the allegedly unlawful conduct, statutory damages of fifty dollars per transaction under New York law, treble damages for knowing violations, and punitive damages. The goal is to compensate victims and deter future misconduct.
Explore by category
02
Product Safety Violations
When companies sell dangerous goods, consumers pay the price.
View Cases →
06
Financial Fraud & Corruption
Lies, scams, and executive impunity that distort markets.
View Cases →
