Colgate toothpaste lawsuit: what it claims and where it stands

What the Colgate toothpaste lawsuit claims

Eleven buyers from several states sued Colgate-Palmolive in federal court in New York. They say eight Colgate toothpastes contained, or risked containing, heavy metals including lead and mercury, and that Colgate did not disclose it or tell shoppers it was not adequately testing for them. They also say lines such as "Whole Mouth Health" and "Responsibly Made" misled people into thinking the products were clean and suitable. The toothpastes named in the complaint:

• Colgate Watermelon Burst Toothpaste with Fluoride (for Kids)
• Colgate Total Whitening, Total Active Prevention Advanced Whitening, Total Active Prevention Whitening and Total Active Prevention
• Colgate MaxFresh with Whitening
• Colgate Triple Action
• Colgate Baking Soda & Peroxide Whitening

The case began on April 22, 2025 and is before Judge J. Paul Oetken. The buyers rely on consumer protection laws in New York, Minnesota, Illinois, New Jersey, Arizona and California, and they ask for money damages, an injunction and attorneys' fees. Colgate disputes the claims. The court has not decided whether any toothpaste is unsafe. For background on how these cases are built, see what a class action lawsuit is.

What the June 2026 ruling changed

Colgate asked the judge to throw out the whole complaint. On June 25, 2026 the judge agreed in part. That ruling matters more than anything else in the case so far, because it decides which theories can go forward.

In plain terms, a claim that Colgate should have printed a warning about heavy metals is out, because federal rules set what goes on a toothpaste label and do not require that disclosure. A claim that specific marketing statements were misleading, given what the plaintiffs say was in the tubes, can continue. The judge also narrowed who can sue: plaintiffs need test results tied to the products they bought, and several did not have them. Seven of the original eleven plaintiffs remain, each tied to certain products, and some are limited to lead-based claims.

Who is in the proposed class

No class has been certified, and the docket shows no request to certify one yet. The plaintiffs propose a nationwide class and six state groups, called subclasses. Each covers people who bought the named toothpastes for household use, not for resale, going back to the start of the legal time limit that applies and running to the present. Those time limits differ by state, which is why the complaint gives no single start date.

If you bought one of these toothpastes for your family, you may eventually be a class member, but only a judge can create the class. Until then you are simply a shopper who might be covered.

Where the Colgate case stands

The case has moved past the first fight and into the evidence stage. Colgate answered the surviving claims on July 23, 2026, and a case management plan followed on August 27, 2026. The public docket shows the most recent activity as an October 12, 2026 order on a request for more time, and it shows no class certification, settlement or claims process. Public docket sites can lag, so check the court record for newer filings.

What could happen next, and how long it takes

The next phase is discovery, when both sides swap documents and testing data. After that the plaintiffs would ask the judge to certify a class, and the case would head toward a ruling, a trial or a settlement. Cases like this commonly take years from filing, and the June ruling removed the broadest theory, so any class that is ever certified may be narrower than the one first proposed. The judge's decision to let the misrepresentation claims continue does not mean the plaintiffs will win. Our explainer on what happens after a class action is certified covers the later steps.

If a settlement does come, a court-approved notice would explain who qualifies, what proof is needed and how to file. The complaint asks for money damages, but no amount is announced and any payment would depend on a settlement or a verdict. Many cases end without one.

What you should do now

There is no sign-up and nothing to file. You cannot join a proposed class action ahead of time, and nobody legitimate will charge you to get in line. If you bought these toothpastes, keep any receipts, loyalty-card history or online order records you can find, since claim forms often ask for them. Our guide to proof of purchase for class action claims shows what counts.

Be wary of any page advertising a Colgate toothpaste settlement right now, because no claim form exists and fake notices are a common way to collect personal details. See how to spot a settlement scam and what to do when a brand you bought gets sued. If you have a health concern about a product, ask your dentist or pediatrician, since this lawsuit does not answer that question.

How to get notified if the Colgate case settles

Filing a claim directly with a settlement administrator is always free, but there is nothing to file yet. The goal for now is to hear quickly if that changes.

1. Set up docket alerts for Brower v. Colgate-Palmolive Co. on CourtListener, so new filings reach you by email.
2. If a class is certified or a deal is reached, watch for a court-authorized notice by email or mail, and check the administrator's name and website against the court docket before clicking.
3. Keep your purchase records where you can find them.
4. Read how to get notified of class action settlements for other ways to follow a case.
5. Browse the settlements directory to see which cases are paying out now.

Where Owed fits in

Owed finds the settlements you may qualify for, explains them in plain English, opens the official claim form, reminds you before deadlines and tracks each claim to payout, while you submit any claim yourself. If this case settles, you can try Owed to keep it alongside the rest of your list. Owed Pro is $2 for the first week, then $49 per year — one flat membership. Owed never takes a percentage of any payout.

This article is general information, not legal advice. Owed is not a law firm or a settlement administrator; the court decides who is in any class and what, if anything, class members receive.

Glossary

Preemption

When federal law overrides a state-law requirement. Here the judge held that federal toothpaste labeling rules block a claim that Colgate had to disclose heavy metals.

Standing

A plaintiff's right to sue, which requires a real injury tied to the defendant. Several plaintiffs here lost standing for products they could not show were tested.

Class certification

A judge's decision that a case can go forward for a whole group. Until then the "class" is only proposed.

Subclass

A smaller group within a class, such as buyers in one state, often because state laws differ.

Discovery

The stage where each side requests documents, test results and testimony from the other.

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