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Thursday, November 21, 2019

Toothpaste's promise to whiten is 'based on false hope'

Federal Court

By Carrie Bradon | Oct 15, 2019

Dentist

LOS ANGELES (Legal Newsline) – A woman is suing a toothpaste manufacturer over allegations it advertises a brand of whitening toothpaste "based on false hope."

Sharon Willis, individually and on behalf of all others similarly situated, filed a complaint on Oct. 3 in the U.S. District Court for the Central District of California against Colgate-Palmolive Co., alleging breach of express warranty and violations of the Consumer Legal Remedies Act, False Advertising Law and Unfair Competition Law.

The plaintiff is suing the defendant in connection with its marketing of Colgate Optic White toothpaste. The suit states that Colgate has made more than $2 billion a year since 2010 on its whitening toothpaste sales and that it capitalizes on its consumer’s demands for whitening toothpastes.

The suit states the defendant advertises that its Optic White toothpaste "goes beyond surface stain removal to deeply whiten teeth," a statement the plaintiff alleges is false because there is not enough whitening agent in the toothpaste to whiten the advertised three shades. 

The plaintiff alleges she and consumers purchased the toothpaste because of the defendant's false and misleading advertising claims and marketing practices.

The plaintiff is seeking trial by jury. She is represented by L. Timothy Fisher and Blair Reed of Bursor & Fisher PA in Walnut Creek, California and Christopher Marlborough of The Marlborough Law Firm PC in Melville, New York.

U.S. District Court for the Central District of California case number 2:19-CV-08542

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U.S. District Court for the Central District of California

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