Concerns about fluoride’s effects on young children have led to recent class-action filings in federal courts in California and Illinois alleging that some toothpastes and fluoride rinses are being marketed in a way that poses dangers to young children.
The defendants in the cases include Procter & Gamble and Colgate-Palmolive, which make a number of toothpaste and mouth rinse products that have been the targets of the class-action lawsuits. The lawsuits include one filed against Hello Products LLC, a unit of Colgate-Palmolive, on Jan. 13 in the Southern District of California.
In the latter case, plaintiffs in the San Diego area and Illinois contend that Hello Products is marketing a fluoride rinse in a deceptive way by characterizing the product as “candy- and fruit-like” with “magical” and “delicious” berry and bubble-gum flavors. The American Dental Association (ADA) says children under 6 years old should not be using the mouth rinse unless advised to do so by a dentist because they could accidentally swallow unhealthy amounts of the product.
“While (the) defendant’s labeling conveys the impression that the rinse is specially formulated to be safe for young children, it is not,” the lawsuit states. “The rinse is considered by the U.S. Food and Drug Administration … to be too dangerous for children under 6 to use. Hello Rinse, which has the same fluoride concentration as adult rinses, is actually more dangerous for young children than adult rinses because it comes in candy and fruit flavors that entice children to use and swallow more of the product.”
The ADA told the Southern California Record in an email that such fluoride-rinse products are recommended for use by children age 6 or older. The association, however, does say that home-use fluoride products can be beneficial for toddlers in “lower-dose, higher frequency approaches,” such as using a pea-sized amount of fluoridated toothpaste under parents’ supervision in children aged 3 to 6, according to the ADA statement.
The lawsuit contends that the Hello Products rinses increase the risk that young children can overdose or ingest the product and receive a toxic amount of fluoride.
“In its efforts to appeal to young children, (the) defendant presents fluoride mouth rinse (a drug that should not be swallowed by any age group, especially young children) as a juice-like and candy-like product,” the complaint states. “This is both deceptive and dangerous.”
Hello Products is also criticized for not placing a notice to “read directions for proper use” on the front label of its rinses. The instructions, however, are available on the company’s website, including a warning to those over 6 not to swallow the product and not to eat or drink for a half-hour after rinsing. For children under 6, the instructions say to consult a dentist or physician.
“(The) defendant’s false and misleading labeling violates the Federal Food and Cosmetic Act … and many state consumer fraud statutes, including … California’s Unfair Competition Act,” the lawsuit states.
The complaint also paints dire outcomes in extreme situations.
“Hello Rinse has enough fluoride in it to kill a small child,” the lawsuit says. “A toddler who ingests just over half of the sweet-flavored liquid in the bottle may suffer severe poisoning, including death.”
Thousands of poison-control reports are generated annually about the ingestion of fluoride mouth rinse, the plaintiffs’ attorneys report. Other symptoms can include nausea and vomiting.
Neither Colgate-Palmolive nor Hello Products responded to requests for comment about the litigation, which is asking the court for restitution; compensatory, treble and punitive damages; disgorgement of company income; and reasonable attorney fees.