Colgate-Palmolive Can’t Shed All Claims Over PFAS in Mouthwash

Colgate-Palmolive Co. and its Tom’s of Maine Inc. unit must defend against at least some claims alleging Tom’s Wicked Fresh! Mouthwash was deceptively labeled as natural despite the presence of PFAS.

Judge Laura Taylor Swain allowed plaintiffs Abigail Esquibel, Aimen Halim, and Jason Ziropli to maintain their claims Friday, finding they sufficiently alleged a cognizable injury-in-fact because third-party testing revealed high levels of per- and polyfluoroalkyl substances in the mouthwash they purchased.

The ruling follows the US District Court for the Southern District of New York’s prior dismissal of the case and the filing of an amended complaint.

The court also allowed claims alleging violation of the California False Advertising Law, California Consumer Legal Remedies Act, California Unfair Competition Law, Illinois Consumer Fraud Act, and unjust enrichment to proceed.

But plaintiffs Tammy Searl, Jeremy Wahl, and Nicholas Salerno lack standing because their allegations of “systemic contamination of the product line” without proof of contamination in the products they actually purchased weren’t sufficient, Swain ruled. The court also dismissed some of the claims for injunctive relief and unjust enrichment for failure to state a claim.

The judge gave the plaintiffs 21 days to make a motion to amend their complaint another time.

The plaintiffs are represented by Sultzer & Lipari PLLC and Milberg Coleman Bryson Phillips Grossman PLLC. Colgate-Palmolive is represented by Greenberg Traurig LLP.

The case is Esquibel v. Colgate-Palmolive Co., S.D.N.Y., No. 1:23-cv-00742, 6/27/25.