02.08.24
In the latest beauty industry lawsuit, Colgate-Palmolive is being accused of “false, deceptive, misleading and/or unlawful” recyclability claims on its toothpaste packaging.
Developing sustainable packaging that is truly recyclable is often a challenge for beauty brands—and in November, NY sued PepsiCo over its plastic packaging and recycling issues.
Despite this claim, most U.S. recycling facilities do not accept these toothpaste tubes. The case was initiated last August and aimed at a class action lawsuit arguing that Colgate and Tom’s of Maine tubes of toothpaste advertising a “recyclable tube” or “first of its kind recyclable tube” were misleading.
The packaging lawsuit claims that Colgate-Palmolive knew most recycling facilities would not accept the tube and it would end up in an incinerator or landfill. It also accuses Colgate of violating the U.S. Federal Trade Commission’s Green Guidelines.
U.S. Magistrate Judge Joseph Spero in San Francisco has rejected the company’s request to dismiss the consumers’ lawsuit over these ‘misleading’ recyclability claims. According to Reuters, consumers were adequately alleged and misled by the packaging and called many of Colgate’s dismissal arguments ‘unpersuasive.’
Spero noted that while Colgate’s recyclability claims were intrinsically possible, plaintiffs had adequately pled that customers could be deceived since most recycling facilities will not accept the tubes for various reasons.
Plaintiffs claimed they would not have bought the products had they known the majority of facilities would not accept the tubes, or may have paid less for the toothpaste's absent claims about their recyclability.
The plaintiffs are asking for an order blocking the company from putting the recyclability claims on its labels as well as punitive and compensatory damages.
In partnership with other companies, Colgate planned a tube pilot program to identify best practices to be shared nationwide.
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Developing sustainable packaging that is truly recyclable is often a challenge for beauty brands—and in November, NY sued PepsiCo over its plastic packaging and recycling issues.
Here are more details about the infamous tube—and the lawsuit that challenges the validity of its recyclable packaging.
In February 2022, Colgate launched a recyclable tube from a HDPE mono-material—and claimed it could be recycled with other No. 2 HDPE containers such as detergent or milk jugs. Colgate stated that it was the first tube recognized by recycling authorities as recyclable.Despite this claim, most U.S. recycling facilities do not accept these toothpaste tubes. The case was initiated last August and aimed at a class action lawsuit arguing that Colgate and Tom’s of Maine tubes of toothpaste advertising a “recyclable tube” or “first of its kind recyclable tube” were misleading.
The packaging lawsuit claims that Colgate-Palmolive knew most recycling facilities would not accept the tube and it would end up in an incinerator or landfill. It also accuses Colgate of violating the U.S. Federal Trade Commission’s Green Guidelines.
U.S. Magistrate Judge Joseph Spero in San Francisco has rejected the company’s request to dismiss the consumers’ lawsuit over these ‘misleading’ recyclability claims. According to Reuters, consumers were adequately alleged and misled by the packaging and called many of Colgate’s dismissal arguments ‘unpersuasive.’
Spero noted that while Colgate’s recyclability claims were intrinsically possible, plaintiffs had adequately pled that customers could be deceived since most recycling facilities will not accept the tubes for various reasons.
Plaintiffs claimed they would not have bought the products had they known the majority of facilities would not accept the tubes, or may have paid less for the toothpaste's absent claims about their recyclability.
The plaintiffs are asking for an order blocking the company from putting the recyclability claims on its labels as well as punitive and compensatory damages.
More About Colgate's Recyclable Tube
When Colgate launched this product, the company began an educational campaign to build awareness of recyclable tubes for consumers and Materials Recovery Facilities operators (MRFs).In partnership with other companies, Colgate planned a tube pilot program to identify best practices to be shared nationwide.
Other Beauty Industry Lawsuits
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Marc Jacobs Sued by Amarte Over Alleged Trademark Infringement
Hailey Bieber's Rhode Beauty Battles Trademark Infringement Lawsuit
