Tom’s Toothpaste Lawsuit 2026, New Contamination Claims and FDA Updates
Active litigation involving Tom’s of Maine toothpaste has intensified as of January 2026, following a series of serious allegations regarding product safety and manufacturing standards. While historical settlements addressed “natural” labeling, the current legal focus has shifted to microbial contamination and the presence of heavy metals. Specifically, a class-action lawsuit filed in late 2024 and expanded in 2025 alleges that certain products were manufactured with water contaminated by bacteria and mold.
What the Tom’s Toothpaste Lawsuit Alleges (2026 Update)
The core of the current litigation centers on a 2024 FDA Warning Letter that cited “significant violations” at the Tom’s of Maine manufacturing facility in Sanford, Maine. According to court filings in the consolidated class action Colgate-Palmolive Company et al. (Case No. 6:24-cv-02129), plaintiffs allege that the company distributed toothpaste despite recovering Pseudomonas aeruginosa—a bacteria known to cause lung and blood infections—in water used for production between 2021 and 2024.
Furthermore, new claims introduced in 2025 allege that specific “natural” fluoride-free children’s toothpastes, such as the Silly Strawberry flavor, contain undisclosed concentrations of lead and arsenic. The plaintiffs argue that Tom’s of Maine and its parent company, Colgate-Palmolive, deceptively marketed these products as “safe” and “thoroughly tested” while failing to disclose these heavy metal risks.
Who Are the Parties Involved?
- Plaintiffs: Consumers who purchased Tom’s of Maine toothpaste products (specifically Silly Strawberry and Simply White Clean Mint) within the last several years.
- Defendants: Tom’s of Maine, Inc. and its parent corporation, Colgate-Palmolive Company.
- Regulatory Oversight: The U.S. Food and Drug Administration (FDA), which initiated the investigation into the Sanford facility.
Current Status of Proceedings as of January 2026
As of January 2026, the litigation is in the pre-trial discovery phase. Unlike the 2015 “natural” labeling settlement, which is now closed, there is no nationwide settlement agreement for the current contamination and heavy metal claims.
The court is currently reviewing motions to dismiss filed by the defendants. However, because the FDA’s findings regarding “black mold-like substances” and water system failures are part of the public record, legal experts suggest the case is likely to move toward class certification by mid-2026.
What You Must Know: Eligibility and Deadlines
Because there is no active settlement fund as of January 29, 2026, there is no official claim filing deadline for the contamination lawsuit yet. However, understanding your eligibility is vital for future recovery.
Eligibility Requirements for Potential Claimants
In a typical class-action proceeding, you may be eligible to join or benefit from a future settlement if you:
- Purchased Affected Products: Specifically Tom’s of Maine Silly Strawberry (Fluoride-Free), Simply White Clean Mint, or Wicked Cool! toothpaste.
- Purchased Within the Statute of Limitations: Generally, this includes purchases made between 2021 and late 2025.
- Reside in the United States: While some sub-classes exist for states like New York, California, and Illinois, the primary lawsuit seeks to represent a nationwide class.
Risks of Missing Deadlines
While there is no date to submit a form today, the statute of limitations (the legal deadline to file a lawsuit) continues to run. If you intend to file an individual lawsuit rather than waiting for a class-action settlement, you should consult with legal counsel immediately to ensure you do not lose your right to sue.
Misconceptions About the 2015 Settlement
A common point of confusion is the $4.5 million settlement from nearly a decade ago. That case involved “natural” labeling and is fully resolved. You cannot file a claim for that 2015 settlement in 2026. The current 2024–2026 litigation is a separate legal matter focusing on physical contamination and safety.
What to Do Next: Steps for Consumers
If you have used Tom’s of Maine toothpaste and are concerned about the recent legal developments, here is how you can protect your rights.
Monitor Official Court Resources
Do not rely on unofficial third-party websites to file claims. If a settlement is reached, it will be hosted by an official Settlement Administrator (such as JND Legal Administration or Kroll). You can monitor the official FDA Warning Letters portal for updates on manufacturing compliance or check PACER for updates on Case No. 6:24-cv-02129.
Preserve Evidence of Purchase
To be eligible for a future payout, you may need proof of purchase.
- Save Receipts: Digital or physical receipts showing the date and product name.
- Keep Packaging: If you still have the box or tube, take photos of the Lot Number and Expiration Date, as these are critical for identifying if your product was made during the period of alleged contamination.
Consult Legal Counsel if Injured
If you or a family member experienced health issues—such as infections or symptoms of heavy metal exposure—after using these products, a class-action settlement may not provide enough compensation. In these instances, seeking an individual personal injury attorney is recommended to explore a private lawsuit.
Frequently Asked Questions
Is there a Tom’s Toothpaste settlement I can join right now?
As of January 2026, there is no active settlement fund for the current contamination or heavy metal claims. The previous $4.5 million labeling settlement is closed and no longer accepting claims.
Which products are involved in the 2026 lawsuit?
The litigation primarily focuses on Silly Strawberry Kids Toothpaste, Simply White Clean Mint, and Wicked Cool! toothpastes. The allegations involve bacteria (Pseudomonas) and heavy metals (lead and arsenic).
How much money can I get from the Tom’s lawsuit?
Since no settlement has been reached in the 2024–2026 litigation, the potential payout is unknown. Historical settlements for similar consumer products typically range from $10 to $50 per claimant without receipts, or more with proof of purchase.
Has Tom’s of Maine recalled their toothpaste?
As of January 2026, Tom’s of Maine has not issued a voluntary recall. The company maintains that its finished products meet safety standards, despite the FDA’s findings regarding the manufacturing facility.
What did the FDA find at the Tom’s factory?
An FDA inspection uncovered Pseudomonas aeruginosa in the water system, “black mold-like substances” near production equipment, and a failure to investigate hundreds of consumer complaints regarding odor and taste.
Last Updated: January 29, 2026
Disclaimer: This article is for informational purposes only and does not constitute legal advice or an attorney-client relationship.
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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.
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