SAN FRANCISCO – An Alameda consumer has filed a class-action lawsuit against a toothpaste manufacturer alleging it misrepresents one of its brands of whitening toothpaste.
Melissa L. Vigil filed a complaint on behalf of all others similarly situated on May 18 in the U.S. District Court for the Northern District of California against Colgate-Palmolive Co. citing breach of express warranty, false advertising and other counts.
According to the complaint, the plaintiff alleges that in August 2015, she suffered damages as a result of purchasing Colgate Optic White toothpaste. The plaintiff holds Colgate-Palmolive Co. responsible because the defendant allegedly claims that its toothpaste cleans more than just surface of the teeth, but upon inspection it only reaches surface stains by abrading teeth instead of the "deeply" whitening claims as advertised.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, injunctive relief against the defendant, restitution and disgorgement and other forms of monetary relief, all legal fees and any other relief as this court deems just. She is represented by Jeffrey R. Krinsk, William R. Restis, David J. Harris Jr. and Trenton R. Kashima of Finkelstein & Krinsk LLP in San Diego.
U.S. District Court for the Northern District of California Case number 4:16-cv-02697