Colgate Recyclable Tube Lawsuit Set for April 2028 Trial

A federal jury in California is scheduled to hear a case that pits Colgate-Palmolive’s packaging ambitions against the practical limits of curbside recycling.

Judge Joseph Spero set April 10, 2028, as the start date for a trial expected to last about 10 days in the Northern District of California. The case, brought by consumers who purchased certain Colgate and Tom’s of Maine toothpastes, challenges labels including “recyclable tube,” “first of its kind recyclable tube” and the chasing-arrows symbol. Packaging Dive first reported the trial schedule.

The plaintiffs argue that the claims were misleading because most California recycling programs did not accept the toothpaste tubes, meaning consumers could not reasonably recycle them through the systems they were told to use. They are seeking damages and an order requiring Colgate to remove or qualify the claims.

Colgate introduced a tube made primarily from No. 2 high-density polyethylene, the plastic commonly used in detergent bottles and milk jugs. The company says it spent five years developing the package and that the tube can move through the same recycling stream as other HDPE containers. Its current consumer guidance carries a qualification: communities may not yet accept tubes, so residents should check locally.

That distinction, between being technically recyclable and being accepted at a local materials recovery facility, is the case’s central fault line. Waste companies including WM and Republic Services are expected to face subpoenas for records about what their California facilities accept and how toothpaste residue affects sorting and processing.

The court allowed the lawsuit to proceed in February 2024, finding that a reasonable consumer might be misled by the recyclability messaging. On April 1, 2026, it certified a class covering California purchasers of qualifying Colgate and Tom’s products from Aug. 29, 2019, until the complaint was filed. Colgate’s effort to appeal that class ruling was rejected in July, clearing the way for discovery on liability and damages.

The dispute arrives as Colgate says approximately 97% of its North American toothpaste stock-keeping units had shifted to recyclable tubes by Dec. 31, 2025. That rollout raises the stakes beyond one label. A verdict could influence how consumer brands describe packaging that fits a recyclable design but still depends on uneven local collection infrastructure.