S. District Judge Andrea Wood in Chicago sided with the plaintiffs in the cases, which point out that America's healthcare authorities warn against children under six using fluoride rinses. Judge Wood said it might not be obvious to the average consumer whether mouthwash was appropriate for their children and how much they could safely use.
She noted that words like 'kids' and 'children's' were featured prominently on Colgate's packaging and that flavors such as Bubble Fruit and Silly Strawberry suggest it was safe for youngsters. The judge was unconvinced by Colgate-Palmolive's counterargument that the public would know mouthwashes are over-the-counter drugs and check rear labels with FDA warnings for young children. However, Judge Wood dismissed a similar case against Colgate-Palmolive's fluoride toothpaste lines.
These rulings will hopefully send a wake-up call to manufacturers to stop promoting unsafe use of fluoride products.
Michael Connett, a lawyer for the plaintiffs, said the courts have been increasingly receptive to moves against 'deceptive' labelling. Procter & Gamble, Perrigo, and Sanofi have also been sued recently over their packaging of fluoride products for children. Last September, Colgate agreed to redesign its packaging for the Colgate, Tom's of Maine, and Hello toothpaste brands to resolve an investigation by Texas Attorney General Ken Paxton, and Procter & Gamble reached a similar resolution in January.
Health Secretary Robert F Kennedy Jr and his Make America Healthy Again movement have long campaigned against fluoride, particularly in drinking water, claiming it poses neurodevelopmental risks to kids and threatening a nationwide ban. The addition of low levels of fluoride to running water was previously hailed as one of the 10 greatest public health achievements of the 20th century, helping to strengthen teeth and reduce cavities since its introduction in Grand Rapids, Michigan, in 1945. An HHS report from August 2024 concluded that fluoride levels above recommended levels were linked to lower IQ in children, appearing to bear out MAHA's concerns.