A group of concerned parents has filed a class-action lawsuit against a major corporation, accusing it of misleading marketing practices that endanger children's health. The complaint was filed by Patricia Gurrola and others in the United States District Court for the Northern District of Illinois on January 13, 2025, targeting The Procter & Gamble Company.
The plaintiffs, including Patricia Gurrola, Alejandro Arreola, Britini Broughton, Eileen Aviles, Courtney Deschamp, Yvonne Lamendola, Sushmadavi Lakeram, and Germaine Dollisme, allege that Procter & Gamble's Crest "Kids" Toothpaste is deceptively marketed as safe for young children. Despite containing fluoride levels similar to adult toothpaste brands, which can be harmful if swallowed by children under six years old. The lawsuit claims that Procter & Gamble misleads consumers by presenting their toothpaste with candy-like flavors and bright colors that appeal to children. This marketing strategy allegedly encourages excessive use and ingestion by children who cannot adequately control their swallowing reflexes.
The plaintiffs argue that this deceptive marketing violates several consumer protection laws including the Federal Food Drug & Cosmetic Act (FDCA), Illinois Consumer Fraud and Deceptive Trade Practices Act, California Unfair Competition Act, and New York General Business Law. They claim that the company's packaging fails to warn parents about the appropriate amount of toothpaste for young children—only a smear or pea-sized amount is recommended for kids under six—and does not highlight the potential risks associated with fluoride ingestion.
The plaintiffs are seeking various forms of relief from the court. They demand corrective advertising to inform consumers about the proper use of fluoride toothpaste for children and compensation for economic losses incurred due to purchasing products based on misleading information. Additionally, they request restitution for unjust enrichment gained by Procter & Gamble through these alleged deceptive practices.
Representing the plaintiffs are attorneys from law firms specializing in consumer rights litigation. The case is presided over by judges in the Northern District of Illinois under Case ID 1:25-cv-00358.