Miami, FL: A
consumer fraud class action lawsuit has been filed against Tom', the manufacturer of Tom' all natural toothpaste, over claims the product advertising is false and misleading.
Specifically, the lawsuit, filed by Allison Gray of Florida, claims that Tom' all natural toothpaste contains processed chemicals including xylitol and sodium lauryl sulfate.
The lawsuit, entitled Allison Gay v. Tom' of Maine Inc., Case No. 0:14-cv-060604, in the U.S. District Court for the Southern District of Florida, states: "Xylitol is an ingredient derived from the crushed fibers of sugar cane using a multi-step chemical reaction that involves the use of sulfuric acid, calcium oxide, phosphoric acid and active charcoal,"and "[sodium lauryl sulfate] is a highly chemically-processed surfactant, detergent and emulsifier sourced from fatty acids that are extracted from coconut or palm oil, which are then chemically converted into esters and hydrogenated through the addition of chemicals to produce fatty alcohol. The fatty alcohol is then sulfated and neutralized through further chemical addition to yield the final ingredient."
Further, the lawsuit claims that the website for Tom' falsely claims that the ingredients are natural, "Â…Tom' website clearly represents that [xylitol] is a natural ingredient: 'Although there are other ingredients that could impart some of the same properties, we have chosen to use xylitol in several of our oral care products because of its natural source and possibly additional dental hygiene benefits,'"and "Tom' similarly represents that [sodium lauryl sulfate] is a natural ingredient, stating on its website that 'our sodium lauryl sulfate is naturally derived from coconut and/or palm kernel oil,'"the ingredients are "anything but natural."
Plaintiff Gay alleges she paid a premium for what she believed to be an "all natural"toothpaste, and that she paid more for the product due to the false and misleading claims made on the packaging and website, including statements such as "such as "[w]e do not use any synthetic flavors or fragrances. Our customers prefer the fresh, natural taste and smell of herbs, fruits and flowers (or no fragrance all all!)."
The consumer fraud class action lawsuit seeks to represent a class of individuals in the United States who purchased Tom' of Maine toothpaste and a subclass of similarly situated individuals in Florida. The lawsuit alleges Tom' of Maine' marketing of the toothpaste violated Florida' Deceptive and Unfair Trade Practices Act and requests unspecified damages and relief.
Plaintiff Allison Gay is represented by Nathan C. Zipperian, Scott R. Shepherd, James C. Shah and Natalie Finkelman Bennett of Shepherd Finkelman Miller & Shah LLP, and Jeffrey Feinberg of the Feinberg Law Firm.
