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Colgate, Tom’s of Maine Face Class Action Over Alleged Heavy Metals in Toothpaste

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Mumbai, August 2025: Colgate-Palmolive Co. and its subsidiary Tom’s of Maine Inc. are facing a federal class action lawsuit alleging their toothpaste products contain unsafe levels of heavy metals, including lead, arsenic and mercury.

The lawsuit, filed by plaintiff Walter Triesch in the U.S. District Court for the Southern District of New York, claims the companies deceptively marketed their products as safe and thoroughly tested, while failing to disclose the presence of dangerous toxins.

According to the complaint, independent testing found Tom’s of Maine Silly Strawberry Fluoride-Free Toothpaste contained 240 parts per billion (ppb) of lead, while Colgate Total Active Prevention Whitening Toothpaste contained 539 ppb — levels that the suit alleges “far exceed safe thresholds set by public health authorities.”

Triesch argues these omissions deprived consumers of the ability to make informed decisions, leading them to pay a premium for products that were “worth significantly less.” He seeks to represent a nationwide class and a New York subclass of consumers who purchased the affected toothpaste products.

The complaint states that Colgate and Tom’s of Maine, as global consumer product companies, had access to robust quality control data and the ability to test for heavy metals but “chose not to adopt safer formulations.”

Triesch is demanding a jury trial, alleging unjust enrichment and violations of New York General Business Law, and is seeking compensatory, punitive and statutory damages, along with declaratory and equitable relief.

This is not the first time the companies have faced such allegations. Earlier this year, a separate lawsuit claimed Tom’s of Maine Kids’ Natural Fluoride-Free Silly Strawberry toothpaste contained unsafe levels of lead and arsenic. The brands were also sued previously over claims that some toothpaste products were contaminated with mold and bacteria.

Triesch is represented by attorney Raphael Janove of Janove PLLC. The case is titled Triesch v. Colgate-Palmolive Company, et al., Case No. 1:25-cv-04443.

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