KENNEBUNK — Maine-based personal care product manufacturer Tom’s of Maine is facing a new class action lawsuit.

The lawsuit alleges that the company’s Kid’s Natural Fluoride-Free Toothpaste Silly Strawberry is contaminated with unsafe levels of lead and arsenic and accuses both Tom’s of Maine and parent company Colgate-Palmolive of deceptive marketing for failing to disclose the presence of the toxic metals.

“Defendants have improperly, deceptively, and misleadingly labeled and marketed their product to reasonable consumers,” the class action reads.

In the complaint filed with the U.S. District Court Eastern District of New York on February 6, consumer and plaintiff Douglas White alleges that the presence of lead and arsenic in the toothpaste was detected through independent testing by the consumer and public advocacy group Lead Safe Mama. 

White is demanding a jury trial and a reward of monetary, statutory, compensatory, treble and punitive damages, restitution and other damages for himself and all class members.

“Consumers lack the meaningful ability to test or independently ascertain or verify whether a product contains unsafe substances, such as lead or arsenic, especially at the point of sale, and therefore must and do rely on Defendants to truthfully and honestly report what the Product contains or are at risk of containing on the Product’s packaging or labels,” the class action reads.

This lawsuit comes just months after the Food and Drug Administration issued a warning letter to Tom’s of Maine after finding bacteria in water used to make their toothpaste.

In their November 2024 letter, the FDA said they found Pseudomonas aeruginosa bacteria in multiple water samples between June 2021 and October 2022, as well as a “mold-like substance.” 

“Our investigator observed a black mold-like substance at the base of the hose reel and behind the water storage tank,” An excerpt of that letter reads. “The black substance was within one foot of stainless-steel pails and other product-contact equipment used for OTC drug production.”

Spectrum News has reached out to White’s lawyers and Tom’s of Maine for comment.