Procter & Gamble is facing a U.S. lawsuit alleging that its Kid’s Crest toothpaste packaging displays an unsafe amount of toothpaste for young children. The case, Gurrola et al v. Procter & Gamble, was filed in January 2025 by a group of parents and is now moving forward in the District Court for the Northern District of Illinois.
P&G attempted to dismiss the complaint, but District Judge Jorge Alonso rejected that request last week. His ruling allows parents to continue arguing that P&G violated consumer protection laws by showing an excessive amount of toothpaste on its packaging and by failing to adequately warn consumers about safe use.
The lawsuit claims the company uses “false” advertising and “unfair” marketing practices. Parents argue that P&G knows children under three should use only a tiny smear of toothpaste, yet the Kid’s Crest One packaging features a full strip. They also claim P&G markets its fluoride products as extra safe for children, despite knowing that young children often swallow toothpaste and may face risks from too much fluoride.
According to the Centers for Disease Control and Prevention, children who start brushing at age two should use a smear of toothpaste—about the size of a grain of rice—until age three. Judge Alonso noted that the risk of swallowing fluoride is central to the case and explains why experts recommend such small amounts.
The packaging in question shows a full strip of toothpaste on a toothbrush alongside the American Dental Association seal. While fluoride strengthens enamel when used correctly, excessive fluoride exposure can be harmful, especially for children.
P&G argued the case should be dismissed because fluoride toothpaste is regulated as an over-the-counter drug by the U.S. Food and Drug Administration under federal law, which the company said should preempt state-level lawsuits. It also noted that its packaging already includes dosage directions approved by the FDA.
However, Judge Alonso ruled that federal preemption does not apply because parents are not challenging FDA-required labeling. Instead, they allege that P&G’s marketing imagery is misleading, which falls under state consumer protection rules.
Michael Connett, a lawyer representing the parents, said the court’s decision is a positive sign that companies may be held accountable. The case is one of six lawsuits filed in January against toothpaste and rinse manufacturers, including Colgate-Palmolive, over similar claims about packaging images.
Related topics:
Local Dentists Launch Training Program to Address Dental Assistant Shortage
Oral Care Crisis in New Zealand Highlights Dentist Shortages
Rick Owens Collaborates with Selahatin on Luxury Oral Care Collection
Tags: tooth Read More
