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Parents say packaging misleads over fluoride safety

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Texas attorney general probed toothpaste makers

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Procter & Gamble ( PG ) not available for comment

By Jonathan Stempel

Nov 3 (Reuters) - Procter & Gamble ( PG ) must face a

lawsuit alleging that its packaging for Kid's Crest suggests

that children can use more of the toothpaste than is safe.

In a decision on Friday, U.S. District Judge Jorge Alonso

said parents can try to prove Procter & Gamble ( PG ) violated various

state consumer protection laws and owes damages for depicting a

full strip of toothpaste atop a toothbrush, with a seal of

approval from the American Dental Association.

"The fact that swallowing fluoride poses health risks to

children is an essential element of the story plaintiffs are

telling; it is the reason for the recommendation that they use

only a smear or dab," the Chicago-based judge wrote.

Procter & Gamble ( PG ) and its lawyers did not immediately respond

to requests for comment on Monday.

In seeking a dismissal, Cincinnati-based Procter & Gamble ( PG ) said

federal law preempted the plaintiffs' claims, and the package

directions told them exactly how much toothpaste to use.

The lawsuit was one of six filed in January against toothpaste

and rinse makers including Colgate-Palmolive ( CL ) over

packaging, including products marketed with bright colors and

allegedly as "candy-like."

Parents cited U.S. health regulators who have said

fluoride-based toothpastes and rinses should not be used

respectively by children under the age of 2 and 6.

Four of the lawsuits remain pending, including one that survived

a dismissal motion, court records show.

"The recent court decisions are an encouraging sign that

these companies may finally be held to account," said Michael

Connett, a lawyer for parents in the Procter & Gamble ( PG ) case.

In May, Texas Attorney General Ken Paxton opened civil probes

into Procter & Gamble ( PG ) and Colgate, saying their marketing causes

parents to give children unhealthy doses of fluoride.

Colgate resolved its probe in September by agreeing to depict

"safe, age-appropriate amounts of toothpaste" on packaging for

its Colgate, Tom's of Maine and hello products. Procter &

Gamble's ( PG ) case remains open.

Paxton is seeking a U.S. Senate seat in 2026. The Republican

has aligned himself with policies of U.S. President Donald Trump

and U.S. Health and Human Services Secretary Robert F. Kennedy

Jr, who opposes adding fluoride to public water systems.

The case is Gurrola et al v. Procter & Gamble Co ( PG ), U.S.

District Court, Northern District of Illinois, No. 25-00358.