Class Action Lawsuit Filed Over Bacterial Contamination in Tom’s of Maine Toothpaste

Federal regulators discovered numerous bacteria and molds at the company’s manufacturing plant in Maine.

A California man is alleging that a Tom’s of Maine manufacturing plant was contaminated with toxic bacteria and mold, which could have made their way into the company’s products.

The complaint (PDF) was filed by William Foreman in the U.S. District Court for the Southern District of California on February 11, naming Tom’s of Maine and the Colgate-Palmolive Company as defendants.

Tom’s of Maine is a subsidiary of Colgate-Palmolive, which claims to use naturally sourced ingredients to manufacture toothpastes, mouthwashes, lip balms and other products.

However, according to Foreman’s complaint, the U.S. Food and Drug Administration (FDA) has found toxic bacteria and mold at the company’s manufacturing plant in Maine, which could have contaminated products that were manufactured at that facility.

Foreman alleges the FDA discovered that a Tom’s of Maine’s manufacturing facility was contaminated with the bacteria Pseudomonas aeruginosa, which can cause blood and lung infections, and Ralstonia insidiosa, which can be particularly dangerous to immunocompromised individuals.

The bacterial specimens were found in water at the plant, which was used both in the products and to clean manufacturing equipment.

Although Tom’s of Maine claimed that the bacteria were found due to contamination of the lab samples rather than an accurate reading of water from their facility, the FDA indicates there is no sufficient justification for that claim.

There was also black mold discovered near manufacturing equipment at the plant, which the manufacturer allegedly did not investigate.

“The FDA also found that Tom’s failed to investigate hundreds of product complaints regarding odor, color, and taste because they did not indicate a trend,” Foreman’s complaint states. “According to the FDA, Tom’s responded by saying it handles complaints with a ‘riskbased approach,’ and that individual complaints are not enough to deem a product inadequate.”

The lawsuit claims that Foreman would not have purchased the if he had known it was manufactured under the circumstances found by the FDA.

Foreman raises allegations of violation of California’s unfair competition law, false advertising law and Consumers Legal Remedy Act, as well as fraud by omission. He is seeking restitution and other appropriate relief for himself and others similarly situated, with a special class for citizens of California.

Tom’s of Maine Lead and Arsenic Complaints

This is not the only complaint Tom’s of Maine has faced regarding its products in recent months.

A Tom’s Natural Kids Toothpaste lawsuit was filed earlier this year raising allegations that the company’s product contains dangerous levels of lead and arsenic.

The complaint highlights findings from Lead Safe Mama, a testing site, which discovered that Tom’s Natural Kids Toothpaste contains up to four times the allowable arsenic levels and 48 times the lead levels deemed actionable by scientists and medical experts for children’s products.

Toxic heavy metals such as lead and arsenic are linked to serious health risks, including mental illness, dementia, hypertension, and an increased risk of certain cancers. In children, these metals are especially dangerous as they can disrupt brain development, leading to cognitive challenges, behavioral problems, and long-term neurological disorders.

A U.S. Congressional report released in 2021, highlighted testing results regarding heavy metal contamination in baby food products, finding that some contain levels of arsenic more than 91 times the limit allowed in bottled water, 177 times the allowable levels of lead, 69 times the limits on cadmium and five times the levels of mercury.

This report has led dozens of families to begin pursuing toxic baby food lawsuits for children diagnosed with autism or ADHD, alleging that manufacturers misled parents about the safety of their products, concealing toxic heavy metal contamination and taking advantage of parental trust.