Toothpaste Greenwashing? Colgate Faces ‘Recyclable’ Tube Claims

Quick Take

• A federal judge in California signaled readiness to certify subclasses in a consumer class action against Colgate-Palmolive and its Tom’s of Maine brand.
• Suit alleges the companies mislabeled toothpaste tubes as “recyclable” despite limited U.S. facilities able to process them.
• Certification could cover California purchasers dating back to 2019; no final ruling has been issued.

Key Allegations

• Labels on Colgate and Tom’s of Maine toothpaste state the tubes are “recyclable.”
• Plaintiffs argue most municipal recycling programs cannot handle the multilayer plastic-laminate tubes.
• The complaint seeks damages and injunctive relief for alleged false or misleading environmental marketing (“greenwashing”).

Legal Standards in Play

California state law and Federal Trade Commission guidance generally prohibit a product from being marketed as recyclable unless at least 60 percent of consumers have access to facilities that accept and process it. Plaintiffs contend the toothpaste tubes fall well below this threshold.

Court’s Initial Reaction

• During a recent hearing, the judge called Colgate’s reliance on a single California recycling facility “ridiculous.”
• The facility reportedly handled about 18,000 tubes—only a fraction of the millions sold nationwide.
• Major recyclers, including Waste Management and Republic Services, reportedly do not accept the tubes.

Potential Class Structure

The court indicated it may certify multiple subclasses of California consumers who bought the toothpaste from 2019 onward. Class certification would allow the case to proceed on behalf of a defined group rather than individual plaintiffs.