Colgate Faces Class Action Over Kids' Mouth Rinse Packaging

A federal judge just ruled that Colgate-Palmolive has to face two class action lawsuits over its children's mouth rinse packaging.

The lawsuits accuse Colgate of using bright colors, playful branding, and kid-friendly flavors like Bubble Fruit and Silly Strawberry to make parents think the rinses are safe for young children. The problem? U.S. health authorities say children under six should not be using fluoride mouth rinses at all. Fluoride helps prevent cavities when applied to teeth, but it can be harmful if swallowed — which is exactly what young kids tend to do.

U.S. District Judge Andrea Wood in Chicago said reasonable consumers might not know where to draw the line when the labels prominently say "kids" or "children's." She rejected Colgate's argument that parents would recognize mouth rinse as an over-the-counter drug and check the back label for FDA warnings before buying it.

The judge did dismiss a similar lawsuit involving Colgate's toothpaste, ruling that toothpaste labels already direct parents to use pea-sized amounts for children between two and six.

Colgate isn't the only company under fire. Procter & Gamble (Crest), Perrigo, and Sanofi have also been sued over how they market fluoride products to children. Last September, Colgate agreed to update packaging for its Colgate, Tom's of Maine, and hello toothpaste brands after an investigation by Texas Attorney General Ken Paxton. Procter & Gamble reached a similar agreement earlier this year.

There's no settlement yet in the mouth rinse case, so there's nothing to file right now. But if you've purchased Colgate children's mouth rinse products for a child under six, this is a case worth watching.

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