By Jonathan Stempel
(Reuters) -Procter & Gamble must face a lawsuit alleging that its packaging for Kid’s Crest suggests that children can use more of the toothpaste than is safe.
In a decision on Friday, U.S. District Judge Jorge Alonso said parents can try to prove Procter & Gamble violated various state consumer protection laws and owes damages for depicting a full strip of toothpaste atop a toothbrush, with a seal of approval from the American Dental Association.
“The fact that swallowing fluoride poses health risks to children is an essential element of the story plaintiffs are telling; it is the reason for the recommendation that they use only a smear or dab,” the Chicago-based judge wrote.
Procter & Gamble and its lawyers did not immediately respond to requests for comment on Monday.
In seeking a dismissal, Cincinnati-based Procter & Gamble said federal law preempted the plaintiffs’ claims, and the package directions told them exactly how much toothpaste to use.The lawsuit was one of six filed in January against toothpaste and rinse makers including Colgate-Palmolive over packaging, including products marketed with bright colors and allegedly as “candy-like.”
Parents cited U.S. health regulators who have said fluoride-based toothpastes and rinses should not be used respectively by children under the age of 2 and 6.
Four of the lawsuits remain pending, including one that survived a dismissal motion, court records show.
“The recent court decisions are an encouraging sign that these companies may finally be held to account,” said Michael Connett, a lawyer for parents in the Procter & Gamble case.
In May, Texas Attorney General Ken Paxton opened civil probes into Procter & Gamble and Colgate, saying their marketing causes parents to give children unhealthy doses of fluoride.
Colgate resolved its probe in September by agreeing to depict “safe, age-appropriate amounts of toothpaste” on packaging for its Colgate, Tom’s of Maine and hello products. Procter & Gamble’s case remains open.
Paxton is seeking a U.S. Senate seat in 2026. The Republican has aligned himself with policies of U.S. President Donald Trump and U.S. Health and Human Services Secretary Robert F. Kennedy Jr, who opposes adding fluoride to public water systems.
The case is Gurrola et al v. Procter & Gamble Co, U.S. District Court, Northern District of Illinois, No. 25-00358.
(Reporting by Jonathan Stempel in New York; Editing by Richard Chang)
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