SAN FRANCISCO (Legal Newsline) — Colgate-Palmolive is facing a class action over its alleged false labeling that its toothpaste tubes are recyclable.
Roman Weingartner and Kristin Della, on behalf of themselves and those similarly situated, filed a complaint Aug. 11 in the U.S. District Court for the Northern District of California against Colgate-Palmolive Company alleging violation of the Consumers Legal Remedies Act and other claims.
The plaintiffs, according to their complaint, purchased Tom's of Maine and Colgate Total Toothpastes in 2022. They claim that Colgate-Palmolive is falsely labeling those brands of toothpaste as having a "Recyclable Tube" and "First of Its Kind Recyclable Tube."
They further claim Colgate-Palmolive's recyclable claims and use of the universal recycling symbol are deceptive because only a small number of consumers live in communities where the tubes are recyclable. The plaintiffs allege that the majority of municipal recycling programs in California and the U.S. reject the products because they are unable to distinguish between the defendant's tubes and conventional toothpaste tubes that are not recyclable.
They also allege the defendant's toothpaste tubes can not be completely emptied, which leaves contaminates in the recyclable water stream. The plaintiffs claim the defendant's marketing of the products as recyclable violated Federal Trade Commission Green Guides and Colgate-Palmolive fails to inform consumers, who have paid more for the products, that there are limited recycling facilities for the toothpaste tubes.
The plaintiffs seek monetary relief, trial by jury, interest and all other just relief. They are represented by Seth Safier, Marie McCrary and Rajiv Thairani of Gutride Safier LLP in San Francisco.
U.S. District Court for the Northern District of California case number 3:23-CV-04086-JCS