NEW YORK (Legal Newsline) - A Connecticut consumer is suing Colgate-Palmolive, alleging it misrepresents certain toothpastes.
Lori Canale, individually and for all others similarly situated, filed a class action lawsuit May 3 in U.S. District Court for the Southern District of New York against Colgate-Palmolive Co., alleging breach of express warranty and violations of the New York General Business Law.
The suit alleges Colgate-Palmolive represents that its Colgate optic white toothpaste "Goes beyond surface stain removal to deeply whiten" teeth and that its Colgate optic white platinum toothpaste "Deeply whitens more than three shades."
The complaint states the products do not actually go beyond surface stain removal and do not deeply whiten teeth because their whitening ingredient, 1 percent hydrogen peroxide, is not enough hydrogen peroxide and is not in contact with teeth for a long enough time.
Canale and others in the class seek a jury trial, declaratory and injunctive relief, damages, interest, restitution and disgorgement and costs of the suit. They are represented by attorneys Scott A. Bursor, Joseph I. Marchese, Frederick J. Klorczyk and Philip L. Fraietta of Bursor & Fisher in New York.
U.S. District Court for the Southern District of New York Case number 7:16-CV-03308-CS