Judge Rules Colgate Must Face Lawsuits Over Children's Mouthwash Safety
A federal judge has ruled that two class-action lawsuits against Colgate-Palmolive can proceed, accusing the dental care giant of misleading parents into believing its fluoride mouthwashes are suitable for young children. The decision by U.S. District Judge Andrea Wood in Chicago represents a significant legal challenge for the company over its product labelling and marketing practices.
Packaging Under Scrutiny
Judge Wood sided with plaintiffs who argued that Colgate's packaging prominently features words like "kids" and "children's," alongside flavours such as Bubble Fruit and Silly Strawberry, suggesting the products are safe for youngsters. This is despite warnings from American healthcare authorities that fluoride rinses should not be used by children under six years old.
The judge noted that while she dismissed a similar case regarding Colgate's fluoride toothpaste, the appropriateness of mouthwash for children might not be as obvious to average consumers. She was unconvinced by Colgate's defence that the public would recognise mouthwashes as over-the-counter drugs and check rear labels for required Food and Drug Administration warnings.
Legal Context and Industry Impact
Michael Connett, a lawyer for the plaintiffs, stated that courts are becoming increasingly receptive to actions against deceptive labelling. "These rulings will hopefully send a wake-up call to manufacturers to stop promoting unsafe use of fluoride products," he said. This case is part of a broader trend, with Procter & Gamble (maker of Crest), Perrigo, and Sanofi also facing recent lawsuits over their fluoride product packaging for children.
Colgate previously agreed to redesign packaging for its Colgate, Tom's of Maine, and Hello toothpaste brands to resolve an investigation by Texas Attorney General Ken Paxton in September 2025. Procter & Gamble reached a similar resolution in January 2026.
Broader Fluoride Controversy
The lawsuits unfold against a contentious backdrop regarding fluoride safety. Health Secretary Robert F Kennedy Jr and his Make America Healthy Again movement have long campaigned against fluoride, particularly in drinking water, claiming it poses neurodevelopmental risks to children. Kennedy's FDA has moved to restrict fluoride supplements for children, citing potential links to gut issues, weight gain, and cognition problems.
However, the American Dental Association disputes these claims, maintaining that fluoride at prescribed levels poses no significant health problems. Fluoridation of water has been hailed as one of the 10 greatest public health achievements of the 20th century, credited with strengthening teeth and reducing cavities since its introduction in Grand Rapids, Michigan, in 1945.
A 2024 HHS report, published before President Donald Trump's return to power and Kennedy's appointment, found that fluoride levels above recommendations were linked to lower IQ in children. Conversely, a study in the JAMA Health Forum warned that removing fluoride from water could lead to a 7.5 percent increase in tooth decay, affecting one in three children and costing $9.8 billion over five years. States like Utah and Florida have implemented their own fluoride bans amid the ongoing debate.
