Class Action Claims Colgate, Tom’s of Maine Toothpastes Falsely Advertised as ‘Recyclable’

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A proposed class action out of California alleges Colgate-Palmolive Company has falsely advertised Colgate and Tom’s of Maine toothpastes as recyclable, given that the products are rejected at virtually every recycling facility in the United States.

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The 32-page lawsuit explains that traditional toothpaste tubes, which are typically made from a mixture of different types of plastic and metal, are “universally banned and rejected” by recycling facilities in the United States because their multi-material composition makes them difficult to sort, separate and process into reusable material. 

Although Colgate-Palmolive Company has marketed Colgate and Tom’s of Maine toothpastes as having a “recyclable tube” made entirely of high-density polyethylene, or HDPE plastic, recycling facilities are unable to distinguish between traditional tubes and the defendant’s redesigned products, the complaint charges. 

“[T]heoretically,” the products are not as difficult to recycle as traditional toothpaste tubes, but “[i]n reality, the purported innovation is a total flop,” the filing says.

The case further contends that recycling facilities refuse to accept the defendant’s products because the tubes cannot be fully emptied, and leftover toothpaste poses an “insurmountable contamination risk” to the recyclable waste stream.

“Contaminated materials are one-hundred percent not recyclable,” the suit says. “More egregiously, contamination degrades the quality of recyclables, which often causes materials that would otherwise be recycled to be landfilled.”

According to the filing, the manufacturer knows that its supposedly recyclable tubes consistently end up in landfills or incinerated because recycling facilities do not accept them. Colgate-Palmolive Company goes so far as to admit in a video published by the Consumer Goods Forum that it’s “[continuing] the work beyond technically recyclable toward acceptance of tubes in recycling centers globally,” the complaint relays.

Nevertheless, the company deceptively represents to buyers that its Colgate and Tom’s of Maine product packaging “is not meant for a landfill” and “gets turned into useful products,” the lawsuit claims. Consumers are likely to be misled by the defendant’s inclusion on Colgate products of a chasing arrows triangle, which is the universal recycling symbol, and label claims that Tom’s of Maine product packaging is “the first of its kind recyclable tube,” the filing adds.

Per the case, Colgate-Palmolive Company represents its toothpaste tubes as environmentally friendly to capitalize on consumer demand for “green” products.

However, according to the Federal Trade Commission’s Guides for the Use of Environmental Claims, it is considered deceptive for a company to make unqualified recyclable claims about a product unless at least 60 percent of consumers have access to a recycling program that will recycle the item, the case relays. 

“[A] review of municipal recycling programs shows that there are currently no recycling facilities for the Products available to consumers or communities in California and nationwide,” the suit says, claiming that reasonable consumers would not have purchased the toothpastes, or would have paid less for them, had they known the products are only recyclable in theory.

The lawsuit looks to represent anyone in the United States who purchased any Colgate or Tom’s of Maine toothpaste products labeled with the claims “Recyclable Tube,” “First of Its Kind Recyclable Tube,” and/or the universal recycling symbol since August 11, 2019.

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