* Lawsuits say packaging misleads about safety for
children under 6
* Judge dismisses similar lawsuit concerning toothpaste
* Colgate did not immediately respond to comment request
By Jonathan Stempel
March 27 (Reuters) - A federal judge on Friday said
Colgate-Palmolive ( CL ) must face two lawsuits claiming its
packaging for mouth rinse misleads parents into believing
children under 6 can use the products safely. The judge
dismissed a similar lawsuit concerning Colgate toothpaste.
Consumers in the proposed class actions said U.S. health
authorities warned that children under 6 should not use fluoride
rinses, and recommended that children between 2 and 6 use only
"pea-sized" amounts of fluoride toothpaste.
They said Colgate's packaging, featuring bright colors and
flavors such as Bubble Fruit and Silly Strawberry, made it seem
safe for young children to use rinses, and to use as much
toothpaste as older children and adults. Fluoride can be harmful
if swallowed.
U.S. District Judge Andrea Wood in Chicago said reasonable
consumers might not know where to draw the line for rinses,
given how most Colgate labels prominently featured the words
"kids" or "children's."
She said she was unpersuaded by Colgate's insistence that
consumers would know rinses are over-the-counter drugs and check
the back labels, which contain required U.S. Food and Drug
Administration warnings for young children.
Toothpaste was different, the judge said, because the labels
expressly instructed that children between 2 and 6 use pea-sized
amounts.
"Viewed in context, the toothbrush with a full strip of
toothpaste is there only to represent the act of toothbrushing,"
Wood wrote.
Colgate, based in New York, and its lawyers did not
immediately respond to requests for comment.
Michael Connett, a lawyer for the plaintiffs, said courts
have been receptive to deceptive labeling claims. "These rulings
will hopefully send a wake-up call to manufacturers to stop
promoting unsafe use of fluoride products," he said.
Procter & Gamble ( PG ), which makes Crest, as well as
Perrigo ( PRGO ) and Sanofi have also been sued over
their packaging of fluoride products for children.
Colgate agreed last September to introduce new packaging for its
Colgate, Tom's of Maine and hello brands of toothpaste to
resolve an investigation by Texas Attorney General Ken Paxton.
Procter & Gamble ( PG ) reached a similar resolution in January.