In Packaging Dive’s recent article, “Judge sets date for Colgate toothpaste tube recyclability trial,” Emmanuel Hurtado comments on the ongoing class-action lawsuit against Colgate-Palmolive over allegations that the company made misleading recyclability claims on certain toothpaste tubes.
The lawsuit centers on Colgate and Tom’s of Maine toothpaste packaging that included claims such as “recyclable tube” and the chasing arrows recycling symbol. In April 2026, the court granted the plaintiffs’ motion for class certification, and Colgate-Palmolive subsequently sought permission to appeal the decision.
Emmanuel spoke with Packaging Dive and explains that the case has largely focused on defining the class to this point, noting that this is common in class-action litigation.
Discussing Colgate-Palmolive’s unsuccessful effort to appeal the class certification decision, Emmanuel explains that the standard for obtaining an appeal is particularly high. “You have to show that the district court’s decision was manifestly erroneous, like completely wrong,” he tells Packaging Dive.
Emmanuel also provides insight into the next phase of the litigation, as the parties move into discovery. Attorneys for the plaintiffs have indicated that they plan to subpoena waste management companies and materials recovery facilities for additional information. Emmanuel explains that while the subpoenas initially appear focused on obtaining documents, the companies could potentially also be called as witnesses for depositions or at trial.
The court has set April 10, 2028, as the trial date. While Emmanuel notes that trial dates can change as litigation progresses, he says the case appears to be far enough along that the date “might be a good estimate of when it’s actually going to go to trial.”
Read the full article at Packaging Dive.
