Boka Toothpaste Class Action Investigation, Regulators Ordered Essor to Drop Key Claims Are You Owed Compensation?
Boka toothpaste is facing a consumer fraud class action investigation filed against its parent company Essor Group, Inc. after two federal advertising review bodies ruled in 2025 that Boka’s claims about remineralizing teeth, whitening, and mouthwash prebiotics were not backed by adequate product-specific evidence. No class action settlement exists yet — but a national law firm is actively investigating, and consumers who paid a premium for Boka products based on those marketing claims may have a legal case for compensation under state consumer protection laws.
Quick Facts: Boka Toothpaste Legal Investigation
| Field | Detail |
| Defendant | Essor Group, Inc. (brand: Boka) |
| Alleged Violation | False and deceptive advertising — consumer protection laws, FTC Act, state UDAP statutes |
| Products at Issue | Boka nano-hydroxyapatite toothpaste, mouthwash, whitening kits |
| Who Is Affected | U.S. consumers who purchased Boka products based on remineralization, whitening, or prebiotic claims |
| Current Stage | Pre-litigation investigation — no federal lawsuit filed yet |
| NAD Ruling | May 1, 2025 — recommended discontinuing remineralization and whitening claims |
| NARB Ruling | July 21, 2025 — upheld NAD, affirmed claims lacked adequate support |
| Essor’s Response | Agreed to comply with NARB recommendations while disputing the findings |
| Settlement Status | TBD — no settlement exists; no claim form available |
| Law Firm Investigating | CohenMalad, LLP — national class action team |
| Next Development | TBD — federal lawsuit may follow investigation |
| Official Case Website | TBD — none established yet |
| Last Updated | May 16, 2026 |
What Is the Boka Toothpaste Lawsuit About?
Boka built its brand on a powerful promise: that its nano-hydroxyapatite (nHA) toothpaste could remineralize your teeth, reverse early enamel damage, and whiten — all without fluoride. Millions of health-conscious consumers paid premium prices for that promise. The problem, according to two independent advertising review bodies, is that Essor Group never actually tested its finished products to confirm those claims.
Following a challenge brought by Procter & Gamble, the National Advertising Division found that Essor Group provided a reasonable basis for claims that its Boka toothpastes are made with nano-hydroxyapatite — but recommended that Essor discontinue claims that Boka toothpaste remineralizes and whitens teeth, as well as prebiotic claims related to Boka mouthwash.
Essor had submitted various studies about nano-hydroxyapatite as an ingredient, but none of these studies actually tested Boka’s finished product. NAD found that Essor simply didn’t have the product-specific evidence needed to support their remineralization claims. Essor appealed. On July 21, 2025, a panel of the National Advertising Review Board agreed with NAD’s decision, finding that Essor lacks reasonable support for its product efficacy claims conveyed to consumers, and recommended the following claims be discontinued: “Remineralizes teeth,” “remineralizes enamel,” and “helps fortify the surface of teeth.”
In its advertiser statement, Essor stated that while it “strongly disagrees with NARB’s conclusion,” it will comply with NARB’s recommendations. That compliance matters to consumers. You paid for remineralization. The highest advertising review body in the country said that claim wasn’t proven. That gap is exactly what consumer fraud lawsuit attorneys argue forms the legal basis for a class action under the FTC Act and state unfair business practices laws. You can find how this case compares to other false advertising class actions in AllAboutLawyer.com’s consumer fraud lawsuit guide.
Are You Part of the Boka Class Action Investigation?
CohenMalad, LLP’s consumer protection attorneys are interested in speaking with Boka customers who bought products after seeing claims about fluoride-free cavity protection, remineralization, enamel repair, whitening, prebiotics, oral microbiome support, or science-backed oral-health benefits.
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You may be part of a future class if you:
- Purchased any Boka nano-hydroxyapatite toothpaste, mouthwash, or whitening kit in the United States
- Bought the product after seeing or reading claims that it remineralizes teeth, whitens teeth, fortifies enamel, or supports the oral microbiome
- Paid a premium price compared to conventional toothpaste, at least partly because of those performance claims
- Made your purchase at any point prior to Essor’s compliance with NARB’s July 2025 ruling
You are likely not part of this investigation if:
- You purchased Boka solely because it does not contain fluoride — and the absence of fluoride, not the efficacy claims, was your only reason for buying
- You never saw or read any of the discontinued marketing claims before purchasing
No claim form exists right now. Most class members in a future settlement would be automatically included. What matters today is that you preserve your evidence — see the action steps section below.
What Are the Two Separate Concerns With Boka?
There are two distinct legal tracks developing around Boka products — and it’s important not to confuse them.
Track 1 — False Advertising (NAD/NARB Rulings) This is the more developed track. Two advertising review bodies have now formally ruled that Boka’s performance claims — specifically remineralization, whitening, and mouthwash prebiotics — were not adequately supported by product-specific evidence. The NARB panel noted that neither the FDA nor the ADA has concluded that nano-hydroxyapatite remineralizes teeth, and emphasized that claims needed to be supported by studies on the actual formulated products — not just their individual ingredients. Consumer protection attorneys are actively building cases based on this public record.
Track 2 — Heavy Metal Contamination (Independent Testing) Separately, Lead Safe Mama published reports in 2025 stating that Boka Ela Mint toothpaste tested positive for lead, arsenic, and mercury, and that Boka Kids Orange Cream fluoride-free toothpaste tested positive for lead and mercury. Boka has publicly stated that it takes quality and safety seriously and requires that its toothpaste meet FDA guidelines, with raw materials tested and verified to be within California Proposition 65 limits for heavy metals. No court has ruled on this track. The heavy metal findings are from independent consumer-funded testing, not an FDA action. Parents who used Boka Kids products and are concerned about their child’s heavy metal exposure should consult a physician and a product liability attorney.
What Should You Do If You Bought Boka Products?
You cannot file a claim right now — there is no claim form and no settlement. But the steps you take today determine whether you can participate if a lawsuit is filed and a settlement is reached.
Save everything you have. This means:
- Purchase receipts or order confirmations from Boka’s website, Amazon, Target, or any retailer
- Email records showing what you ordered and when
- Photos of product packaging — especially if it shows claims like “remineralizes teeth” or “fortifies enamel”
- Screenshots of Boka’s website or social media ads that you saw before purchasing
- Bank or credit card statements showing the date and amount paid
Do not contact Boka for a refund under this investigation. Accepting a refund or credit from the company could compromise your right to participate in a future class action settlement.
Contact CohenMalad, LLP directly if you want your situation reviewed now. Their national class action team is actively evaluating claims against Essor Group. A free legal consultation costs you nothing and protects your timeline.
Monitor AllAboutLawyer.com for updates. This page will be updated the moment a federal complaint is filed, a class is certified, or a settlement is proposed. The statute of limitations under California consumer protection law is typically three to four years from the date of purchase — so time matters.
Boka Toothpaste Investigation Timeline
| Milestone | Date |
| Lead Safe Mama tests Boka Ela Mint — positive for lead, arsenic, mercury | January 2025 |
| Procter & Gamble files challenge with NAD against Boka claims | Spring 2025 |
| Lead Safe Mama tests Boka Kids Orange Cream — positive for lead, mercury | March 2025 |
| NAD rules — recommends Essor discontinue remineralization and whitening claims | May 1, 2025 |
| Essor appeals NAD ruling to NARB | May 2025 |
| NARB upholds NAD — affirms claims must be discontinued | July 21, 2025 |
| Essor agrees to comply with NARB recommendations | July 2025 |
| CohenMalad, LLP opens national class action investigation | TBD — active as of May 2026 |
| Federal class action lawsuit filed | TBD — not yet filed |
| Expected settlement timeline | TBD — pre-litigation stage |
Frequently Asked Questions
Is there a class action lawsuit against Boka toothpaste?
Not yet in federal court. As of May 2026, a national law firm — CohenMalad, LLP — is actively investigating consumer claims against Essor Group for false advertising related to Boka’s remineralization, whitening, and mouthwash prebiotic claims. A formal federal lawsuit has not yet been filed. This page will update when one is.
Do I need to do anything right now to be included?
No formal action is required. Most class members in a future settlement would be included automatically. What matters now is that you save receipts, packaging, screenshots, and any documentation showing when you bought Boka products and what claims you saw before purchasing.
Is Boka toothpaste safe to use?
The NAD and NARB rulings address advertising claims — they are not safety determinations. The NAD/NARB decision represents a marketing compliance issue, not a safety determination. Separately, independent testing found trace heavy metals in certain products, but Boka has stated its toothpaste meets FDA guidelines, with raw materials tested and verified to be within California Proposition 65 limits. If you have health concerns, speak with your dentist or physician.
Am I part of the Boka lawsuit if I bought the kids’ version?
Parents who purchased Boka Kids Orange Cream or other children’s Boka products may have both a false advertising claim and a heavy metal contamination concern, depending on future lawsuit filings. Speak with a product liability attorney if your child used Boka Kids products and you have health concerns.
Can I file my own lawsuit against Boka instead?
Yes. If you want to pursue an individual claim, consult a consumer rights lawyer about your options. Individual claims are only worth pursuing if your losses are significant — most consumers will recover more through a future class settlement than through an individual case.
When will a settlement be reached in the Boka case?
TBD — no timeline is available because no federal lawsuit has been filed yet. Consumer false advertising cases typically take 12 to 36 months from initial filing to settlement. The investigation phase adds additional time. Check AllAboutLawyer.com for updates as this case develops.
Sources & References
- BBB National Programs — NAD Decision, Essor Group / Boka, Case #7412: bbbprograms.org, May 1, 2025
- CohenMalad, LLP — Boka Toothpaste and Mouthwash Investigation, active as of May 2026
- Lead Safe Mama — Boka Ela Mint testing report, January 2025; Boka Kids Orange Cream testing report, March 2025
Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against official NAD and NARB case decisions published by BBB National Programs on May 1, 2025 and July 21, 2025, and the CohenMalad, LLP investigation alert as of May 2026. Last Updated: May 16, 2026
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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