Rabinowitz et al. v. Colgate Palmolive Company et al.

A federal court authorized this Website because you have a right to know about the proposed Settlement of this class action lawsuit and about all your options before the Court decides whether to grant final approval of the Settlement. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.

The Honorable James M. Wicks of the United States District Court for the Eastern District of New York is overseeing this class action. The people that filed this lawsuit are called the “Class Representatives” and the companies they sued, Tom’s and Colgate, are called the “Defendants.”

Tom’s, a subsidiary of Colgate, manufactures oral care and personal care products, including toothpaste products, which are sold to consumers through third-party retailers. During a May 2024 inspection of Tom’s’ manufacturing facility in Sanford, Maine, the FDA raised concerns that certain conditions at the facility were not in compliance with the FDA’s Current Good Manufacturing Processes. Following the inspection, the Defendants completed a review of pre-release testing data for approximately 4,900 finished toothpastes manufactured over a three-year period, and found that no batch showed a safety risk to consumers.

This lawsuit alleges that Defendants engaged in deceptive and misleading business practices with respect to the manufacturing, marketing, and sale of Tom’s toothpaste. The Defendants deny the allegations in the Rabinowitz et al. v. Colgate-Palmolive Company et al., No. 2:25-cv-6996 (JMW) (E.D.N.Y.), the Denny Action, the Rabinowitz Action, the Pitre Action, the Foreman Action, and the Zetterstrom Action, (collectively, the “Actions”) and deny any liability to the Class Representatives or any member of the putative classes the Class Representatives seek to represent in the Actions.

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “class representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representatives are Shana Denny, Jana Rabinowitz, and Yolanda Pitre.

The Court did not decide in favor of the Class Representatives or the Defendants. Instead, the Class Representatives and the Defendants agreed to the Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive payments from the Settlement. The Class Representatives and their attorneys think the Settlement is best for all Class Members.

WHO IS IN THE SETTLEMENT?

The Settlement Class includes all purchasers within the United States who, between November 21, 2020, and March 6, 2026, (the “Class Period”), purchased for use and not for resale or distribution purposes one or more Class Products.

Class Products means any Tom’s toothpaste product purchased during the Class Period.

Yes. The Settlement Class does not include: (1) the Honorable James M. Wicks and members of his immediate family; (2) Colgate; (3) Tom’s; (4) any entity in which Colgate or Tom’s has a controlling interest; (5) any of Colgate’s and Tom’s’ subsidiaries, parents, affiliates, and officers, directors, employees, legal representatives, heirs, successors, or assigns; and (6) any Persons who timely exclude themselves from the Settlement Class.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing or writing to Class Administrator at: info@ToothpasteSettlement.com, or by U.S Mail at:

Rabinowitz et al. v. Colgate-Palmolive Company, et al.
Class Administrator
P.O. Box 2897
Portland, OR 97208-2897

You may also view the Settlement Agreement here.

If the Settlement is approved by the Court, the Defendants will pay $2,900,000 into a Settlement Fund, which shall be used to pay all Settlement expenses, including Notice and Other Administrative Costs; CAFA Notice; the Fee Award; Service Awards; and Class Members’ Claims.

All members of the Settlement Class who submit an Approved Claim are eligible to receive monetary relief as set forth below. No payments will be made to any members of the Settlement Class who do not submit an Approved Claim.

Cash Award without Proof of Purchase. Each Class Member who submits an Approved Claim that is not accompanied by Proof of Purchase may receive the total of the average manufacturer’s suggested retail price for up to one (1) Class Product claimed per household, with Defendants to provide the average manufacturer’s suggested retail price of the Class Products during the Class Period to the Class Administrator.

Cash Award with Proof of Purchase of Class Product. Each Class Member who submits an Approved Claim that is accompanied by Proof of Purchase of Class Products may be entitled to receive a full refund of the amount of money he or she spent on the Class Products that is documented by Proof of Purchase, capped at three (3) Class Products.

If the total value of all Approved Claims exceeds the funds available for distribution to Class Members, then the amounts of the cash payments will be reduced pro rata, as necessary, to use all funds available for distribution to Class Members. If the total value of all Approved Claims is less than the funds available to Class Members, then the remaining funds will be donated to Equal Justice Works, a 501(c)(3) nonprofit organization that brings together an extensive network of law students, lawyers, advocates, legal services organizations, and supports to promote a lifelong commitment to public service and equal justice. See About Us, Equal Justice Works, https://www.equaljusticeworks.org/about/.

Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants with respect to any of the legal claims released and resolved in this Settlement. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be found here.

HOW TO GET A PAYMENT - MAKING A CLAIM

You may file a claim here if you are a Class Member (see FAQs 5 and 6 above).

Claim Forms may also be printed here and mailed to the Class Administrator at:

Rabinowitz et al. v. Colgate-Palmolive Company, et al.
Class Administrator
P.O. Box 2897
Portland, OR 97208-2897

You may also contact the Class Administrator to request a Claim Form by telephone at 1-877-315-6779, by email at info@toothpastesettlement.com, or by U.S. Mail at:

Rabinowitz et al. v. Colgate-Palmolive Company, et al.
Class Administrator
P.O. Box 2897
Portland, OR 97208-2897

If you submit a claim by U.S. mail, the completed and signed Claim Form must be postmarked no later than July 6, 2026. If submitting a Claim Form online, you must do so no later than July 6, 2026.

The Court has scheduled a Final Approval Hearing for the Settlement of this case on September 10, 2026, 11:00 a.m. to consider: (1) whether to approve the Settlement; (2) any Objections; (3) the requests for Service Awards for individuals who brought lawsuits; and (4) the request for a Fee Award for Class Counsel for their work in this litigation. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed if the Court grants Final Approval of the Settlement and after any appeals are resolved.

The briefs and declarations in support of the final approval of the Settlement and the requests described above will be posted here after they are filed. You may ask to appear at the hearing, but you do not have to appear. The date and time of the Final Approval Hearing is also subject to modification by the Court. Please review the Settlement Website for any updated information regarding the final hearing.

THE LAWYERS REPRESENTING YOU

Yes. The Court has appointed the following law firms to represent the Settlement Class as Class Counsel: The Wright Law Office, P.A., Denlea & Carton LLP, and Wilshire Law Firm PLC. You will not be charged for their services.

You do not need to hire your own lawyer because Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for a Fee Award, not to exceed 33% of the Settlement Fund, as well as Service Award payments for each of the individuals who brought lawsuits, not to exceed $1,000 each. The Court may award less than these amounts. If approved, these fees, costs and awards will be paid from the Settlement Fund.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendants about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called “opting out” of the Settlement Class. The deadline for requesting exclusion from the Settlement is July 6, 2026 (the “Opt-Out Deadline”).

To exclude yourself from the Settlement, you must mail a Request for Exclusion to the Class Administrator, postmarked no later than the Opt-Out Deadline. The Request for Exclusion must be personally completed and submitted by you or your attorney, but if you are represented by an attorney, you must either personally sign the Request for Exclusion or execute a separate declaration stating that you authorize the filing of the Request for Exclusion.

Your Request for Exclusion must be mailed to the following address:

Rabinowitz et al. v. Colgate-Palmolive Company, et al.
Class Administrator
P.O. Box 2897
Portland, OR 97208-2897

If you exclude yourself, you are stating to the Court that you do not want to be part of the Settlement. You will not be eligible to receive a payment if you exclude yourself. You may only exclude yourself—not any other Person.

The Request for Exclusion must be postmarked no later than July 6, 2024

COMMENTING ON OR OBJECTING TO THE SETTLEMENT

If you are a Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views.

Your Objection must contain: (i) a caption or title that clearly identifies the proceeding and that the document is an Objection, (ii) information sufficient to identify and contact the objecting Class Member or his or her attorney if represented, (iii) information sufficient to establish the Person’s standing as a Class Member, (iv) a clear and concise statement of the Class Member’s Objection, as well as any facts and law supporting the Objection, (v) the objector’s signature, and (vi) the signature of the objector’s counsel, if any.

Class Members must electronically file via the Court’s ECF system or deliver to the Clerk of the Court a written notice of Objection no later than July 6, 2026.

Alphonse M. D’Amato U.S. Courthouse
100 Federal Plaza
2nd Floor, West Wing, Rm. 200
Central Islip, New York 11722

You or your attorney may speak at the Final Approval Hearing about your Objection. Should you intend to do so, you are requested, but not required, in advance of the Final Approval Hearing, to file with the Court a notice of intent to appear, as well as a description of any evidence you may offer at the Final Approval Hearing and copies of any exhibits you may introduce at the Final Approval Hearing.

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.

THE COURT’S FINAL APPROVAL HEARING

The Court has scheduled a Final Approval Hearing on September 10, 2026, 11:00 a.m. The hearing will be located at Central Islip Courthouse, Courtroom 1020.

At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider whether to approve Class Counsel’s request for a Fee Award, as well as Service Awards for the individuals who brought lawsuits. If there are Objections, the Court will consider them. The Honorable James M. Wicks will listen to people who have asked to speak at the hearing (see FAQ 17 above). After the hearing, the Court will decide whether to approve the Settlement.

The date and time of the Final Approval Hearing may change. Please check here for any updates.

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an Objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written Objection on time, the Court will consider it. You may also pay for your own lawyer to attend, but such attendance is not necessary for the Court to consider an Objection that was filed on time.

IF I DO NOTHING

If you are a Class Member and you do nothing, you will give up the rights explained in response to FAQ 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendants and the Released Colgate and Tom’s Persons, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition, you will not receive a payment from this Settlement.

This Website summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement, available on this here.

If you have additional questions, you may contact the Class Administrator by email, phone, or mail:

Email: info@ToothpasteSettlement.com

Toll-Free: 1-877-315-6779

Mail: Rabinowitz et al. v. Colgate-Palmolive Company, et al., Class Administrator, P.O. Box 2897, Portland, OR 97208-2897

Publicly filed documents can also be obtained by visiting the Office of the Clerk of the United States District Court for the Eastern District of New York or reviewing the Court’s online docket.

Please do not contact the Court, its Clerks, or the Defendants to inquire about the Settlement or the Claims Process.