Two class-action lawsuits against Colgate-Palmolive, which accuse the company of misleading parents into believing its range of fluoride mouthwashes is suitable for young children, will proceed, a judge ruled.
U.S. District Judge Andrea Wood in Chicago sided with the plaintiffs in the cases after they pointed out that America’s healthcare authorities warn against kids aged under six using fluoride rinses.
While Judge Wood dismissed a similar case against the company’s fluoride toothpaste lines, she said it might not be as obvious to the average consumer whether mouthwash was appropriate for their children and how much they could safely use.
She noted that the words “kids” and “children’s” were featured prominently on Colgate’s packaging and said that the fact that its range was sold in flavors such as Bubble Fruit and Silly Strawberry suggests it was safe for youngsters.
The justice added that she was unconvinced by the company’s counterargument that the public would know that mouthwashes are considered over-the-counter drugs and would remember to check the rear labels on their bottles, which feature Food and Drug Administration warnings for young children, as required by law.
Michael Connett, a lawyer for the plaintiffs, said the courts have been increasingly receptive to moves against “deceptive” labelling.
“These rulings will hopefully send a wake-up call to manufacturers to stop promoting unsafe use of fluoride products,” he said.
The Independent has reached out to Colgate-Palmolive and the Department of Health and Human Services for comment.
Procter & Gamble, which manufactures the rival Crest brand of dental products, as well as Perrigo and Sanofi, have also been sued recently over their packaging of fluoride products for children.
Last September, Colgate agreed to redesign its packaging for the Colgate, Tom’s of Maine, and Hello toothpaste brands to resolve an investigation by Texas Attorney General Ken Paxton. P&G reached a similar resolution in January.
Health Secretary Robert F Kennedy Jr and his Make America Healthy Again movement have long campaigned against fluoride, particularly its inclusion in drinking water, claiming it poses neurodevelopmental risks to kids and threatening a nationwide ban.
But the addition of low levels of the chemical to running water was previously hailed as one of the 10 greatest public health achievements of the 20th century, helping to strengthen teeth and reduce cavities by replacing lost minerals ever since it was first introduced in Grand Rapids, Michigan, in 1945.
That said, an HHS report from August 2024 – published prior to President Donald Trump’s return to power and the installation of RFK Jr. as his top healthcare official – concluded that fluoride levels above recommended levels were linked to lower IQ in children, appearing to bear out MAHA’s concerns.
Conversely, another study published in the JAMA Health Forum journal last year warned that removing fluoride from America’s water would lead to a 7.5 percent increase in tooth decay, amounting to 25.4 million teeth and affecting one child in three, at a cost of $9.8 billion over five years.
States including Utah and Florida have nevertheless acted to implement their own bans and Kennedy’s FDA has since moved to restrict the availability of fluoride supplements for children, saying in its latest analysis that the chemical may be linked to gut issues, weight gain, and cognition problems.
Those claims were disputed by the American Dental Association, which said there are no significant health problems associated with fluoride when used at the prescribed levels.
