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Tom's of Maine class action lawsuit is currently open:
Those who meet eligibility criteria should apply before the deadline July 3, 2026. Some of Tom's Toothpastes alledgedly contained dangerous bacteria
Tom's of Maine
Open Class Actions > Tom's of Maine Class Action

Tom's of Maine Class Action Lawsuit

A class action lawsuit has been filed against Colgate-Palmolive Company and its subsidiary Tom's of Maine, Inc., alleging that the companies sold toothpaste products while concealing serious bacterial contamination at their Sanford, Maine manufacturing facility.

The first lawsuit, Denny v. Colgate-Palmolive Co., was filed November 11, 2024, in the U.S. District Court for the Middle District of Florida. Pitre v. Colgate-Palmolive Co. followed on December 20, 2024, in the Northern District of California. By December 2025, six separate cases — including state court filings — had been consolidated into a single complaint before Judge James M. Wicks in the Eastern District of New York, bearing case number 2:25-cv-06996.

The lawsuits were triggered by a November 5, 2024, FDA warning letter following a May 2024 inspection of Tom's of Maine's Sanford facility. Investigators found that the company had used water repeatedly testing positive for Pseudomonas aeruginosa to manufacture its Simply White Clean Mint toothpaste, released batches despite contamination with Ralstonia insidiosa, and distributed a batch of Wicked Cool! Anticavity Toothpaste despite recovery of Paracoccus yeei. All three bacteria can be dangerous, particularly for immunocompromised individuals.

Plaintiffs Jana Rabinowitz, Shana Denny, and Yolanda Pitre, represented by Denlea & Carton LLP, The Wright Law Office, and Wilshire Law Firm, PLC, bring claims for intentional misrepresentation, negligent misrepresentation, and breach of express warranty. They allege consumers paid a premium for products marketed as "safe," "naturally sourced," and "good for you" — promises that the conditions at the manufacturing facility contradicted.
Lawsuit Name
Rabinowitz et al. v. Colgate-Palmolive Company et al.
Court
U.S. District Court, Eastern District of New York
Case Number
2:25-cv-06996 (JMW) (E.D.N.Y.)
Judge
Hon. James M. Wicks, U.S. Magistrate Judge
Plaintiffs
Jana Rabinowitz, Shana Denny, and Yolanda Pitre
Defendants
Colgate-Palmolive Company / Tom's of Maine, Inc.
Key Allegation
Tom's Toothpastes contained dangerous bacteria

Tom's of Maine Class Action Settlement - $2,900,000

Colgate-Palmolive and Tom's of Maine have agreed to pay $2,900,000 into a non-reversionary Settlement Fund to resolve claims that contaminated manufacturing conditions were concealed from consumers who purchased Tom's of Maine toothpaste.

The Settlement Class covers all U.S. purchasers of any Tom's of Maine toothpaste product between November 21, 2020, and March 6, 2026 (the date of preliminary approval), who bought for personal use rather than resale or distribution. Products from across the Tom's of Maine toothpaste line are covered — not only the specific SKUs named in the FDA warning letter.

The $2,900,000 fund is non-reversionary, meaning unclaimed money does not revert to Colgate. Residual funds after distribution will go to Equal Justice Works, a 501(c)(3) nonprofit that supports public-interest legal services.

Class counsel at Denlea & Carton LLP, The Wright Law Office, and Wilshire Law Firm, PLC will request a fee award not to exceed 33% of the Settlement Fund ($957,000). Each of the five named plaintiffs — Rabinowitz, Denny, Pitre, Foreman, and Zetterstrom — may receive a service award of up to $1,000. The Court must approve all fees and awards.
Deadline for filing a claim: July 3, 2026

Toothpaste Class Action Payout: 9.99

Settlement class members can receive cash compensation in one of two ways, depending on whether they have proof of purchase.

Without proof of purchase: Claimants may receive the average manufacturer's suggested retail price (MSRP) for up to one Tom's of Maine toothpaste product per household. The MSRP will be provided to the Settlement Administrator by the defendants.

With proof of purchase: Claimants who submit receipts or other documentation can claim a full refund of the amount spent, capped at three products. This is the better option for anyone who kept packaging, receipts, or loyalty card records showing multiple purchases.

Both payout amounts are subject to pro-rata reduction if the total value of approved claims exceeds the funds available after administrative expenses, fees, and service awards are deducted.

Payments will be distributed after the Court grants final approval of the Settlement and any appeals are resolved. The Final Approval Hearing is scheduled for September 10, 2026.

Bacterial Contamination Class Action Payouts

Similac / Abbott Baby formula recall; bacterial contamination (Cronobacter) at Sturgis, MI plant; false "safe" marketing claims$33,500,000~$150–$300
$300
Suave / UnileverDry shampoo contamination with benzene, falsely labeled as safe for use$8,250,000~$30–$75
$75
Procter & Gamble (Old Spice/Secret)Aerosol dry shampoo products contained benzene above safe limits; consumer class action over deceptive safety labeling$8,000,000~$25–$50
$50
Average Payouts

Toothpaste Class Action Eligibility

The settlement covers U.S. consumers who purchased Tom's of Maine toothpaste for personal use during the class period (November 21, 2020 to March 6, 2026)

Unlike many product settlements, there are no state-specific geographic carveouts — all 50 states are covered. The only personal exclusions are Colgate-Palmolive and Tom's of Maine employees, officers, directors, affiliates, subsidiaries, legal representatives, and the presiding judge and his immediate family.
Qualifying Products
Product
Covered
Simply White Clean Mint Paste
Yes
Wicked Cool! Anticavity Toothpaste
Yes
Any Tom's of Maine toothpaste (full line)
Yes
Purchased any Tom's of Maine toothpaste product in the United States
Purchased between November 21, 2020, and March 6, 2026
Bought for personal, family, or household use — not for resale or distribution

Toothpaste Class Action Claim Form

The Toothpaste class action claim form is quick and simple with Chimo. Some settlements take longer due to court approval, appeals, or fraud checks, but Chimo streamlines the process so you can get your share fast. Here's how to file a claim against Toothpaste:

1

Check eligibility now by answering a few quick questions

2

Tell us where you want your check sent

3

Submit your form before July 3, 2026
You'll receive confirmation and updates on your claim status.

FAQ

The FDA's May 2024 inspection of Tom's Sanford, Maine facility found the company used water that repeatedly tested positive for Pseudomonas aeruginosa bacteria to manufacture its Simply White Clean Mint toothpaste — for over a year — without investigating the impact on finished products.
No. After the FDA warning letter, Colgate-Palmolive reviewed pre-release testing data for approximately 4,900 finished toothpastes manufactured over three years and concluded no batch posed a safety risk to consumers. The lawsuit challenges not the safety outcome, but the "natural" and "clean" marketing during the contamination period.
The FDA letter identified Pseudomonas aeruginosa (can cause blood, lung, and skin infections, resistant to many antibiotics), Ralstonia insidiosa (increasingly reported in blood infections), and Paracoccus yeei (serious in immunocompromised patients). All three are especially risky for people with weakened immune systems.
The entire Tom's of Maine toothpaste line is covered for the full class period (November 21, 2020 – March 6, 2026), not just the SKUs named in the FDA letter. If you bought any Tom's toothpaste in the U.S. during those years, you can file a claim.
Six cases were filed across multiple courts: Denny (M.D. Fla.), Pitre (N.D. Cal.), Rabinowitz (N.Y. Sup. Ct.), Foreman (S.D. Cal.), Zetterstrom (S.D.N.Y.), and the consolidated federal action (E.D.N.Y.) — reflecting a nationwide wave of consumer litigation triggered by the FDA warning letter going viral in late 2024.
Unclaimed funds will be donated to Equal Justice Works, a 501(c)(3) nonprofit that mobilizes law students, lawyers, and advocates to support public interest legal services. The fund is non-reversionary — none of the money goes back to Colgate-Palmolive or Tom's of Maine.
Class counsel — Denlea & Carton LLP, The Wright Law Office, and Wilshire Law Firm, PLC — will request up to 33% of the settlement fund, or $957,000, plus litigation costs. The Court must approve the final award, which will be paid from the $2,900,000 fund.
Each of the five individuals who brought lawsuits — Rabinowitz, Denny, Pitre, Foreman, and Zetterstrom — may receive a service award of up to $1,000 each. These awards are intended to compensate them for the time and effort of representing the class, and are also subject to Court approval.
The settlement covers products "purchased for use and not for resale or distribution purposes." Purchasing as a personal gift likely qualifies as household use rather than resale — but the claim form asks you to confirm the purchase was not for commercial resale or distribution.
Defendants marketed Tom's toothpaste as "safe," "natural," "naturally sourced," "good for you," and made with "rigorous ingredient and packaging standards." Plaintiffs allege these representations were false or misleading given the ongoing contamination issues at the Sanford facility, and that they would not have purchased at the price paid had they known.
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