Claims Targeting Hydrogen Peroxide Whitening Toothpastes Not Preempted, N.Y. Federal Judge Rules

NEW YORK — Federal law does not preempt claims accusing Colgate-Palmolive Co. of misrepresenting the efficacy of its “Optic White” whitening toothpastes, because there are no federal requirements that apply to the whitening effect of hydrogen peroxide in toothpaste, a New York federal judge has ruled.

However, in the June 23 order, Judge Cathy Seibel of the U.S. District Court stayed the putative class action pending an investigation into Colgate-Palmolive’s marketing of the toothpastes.

Lori Canale filed the action on May 3, 2016, accusing Colgate-Palmolive Co. of misrepresenting to consumers in its packaging and television commercials that its Optic White …