Overview
- Products
- Orajel Naturals kids' anti-cavity fluoride toothpastes
- Classes
- Nationwide, plus New York subclass
- Court
- E.D.N.Y., No. 2:26-cv-06491
- Stage
- Complaint filed; response pending
A New York parent filed a proposed class action on October 8, 2026, claiming Church & Dwight Co., Inc. misleads buyers by selling its Orajel Naturals children's fluoride toothpastes as "natural." The case is Ross v. Church & Dwight Co., Inc., No. 2:26-cv-06491, in the U.S. District Court for the Eastern District of New York.
The complaint says every toothpaste in the line contains cocamidopropyl betaine, or CAPB, an ingredient the plaintiff describes as a synthetic detergent made through industrial chemical reactions. It seeks to represent buyers nationwide, plus a New York subclass.
The case is at its first stage. Church & Dwight has not responded in court, no judge's ruling has been made, and no class has been certified.
Who the parties are
Church & Dwight Co., Inc. makes and sells consumer products, including over-the-counter drug products, and sells the Orajel brand. The complaint describes it as a Delaware corporation based in Ewing, New Jersey, that makes, markets and sells the Orajel Naturals toothpastes across the United States.
The plaintiff is Janet Ross of St. James in Suffolk County, New York. According to the complaint, she bought Orajel Naturals PAW Patrol Anti-Cavity Fluoride Toothpaste in the "Natural Fruity Bubbles" flavor on Amazon.com in or about July 2025, for a young child in her household.
She is represented by Philip J. Furia of Furia Law LLC in New York City.
What happened
The products at issue are Orajel Naturals anti-cavity fluoride toothpastes for children ages 2 to 10. They come in character-themed packages, including PAW Patrol, Super Mario and Toy Story, and in flavors named "Natural Fruity Bubbles," "Natural Berry" and "Natural Watermelon."
The complaint says the word "natural" appears in the brand name, in the flavor names, on packaging, on Orajel's website and on retailer listings. It cites one Walmart listing that advertised "over 99 percent naturally sourced ingredients." It also says the ingredient panel ties ingredients to natural sources, using notes such as "vegetable," "tree pulp," "mineral" and "coconut-derived."
CAPB is a foaming ingredient used in shampoos, cleansers and toothpastes. The label lists it as "Cocamidopropyl Betaine (coconut-derived)." According to the complaint, CAPB is made by reacting fatty acids, which may come from coconut or palm oil, with a petrochemical called DMAPA, and then reacting that result with sodium chloroacetate. The plaintiff argues that the coconut supplies only a starting material and that the finished molecule does not exist in nature.
The complaint also notes that the American Contact Dermatitis Society named CAPB its "Allergen of the Year" in 2004, and it cites research tying skin reactions to leftover manufacturing byproducts. It does not claim that any child was hurt by the toothpaste. Its theory is economic: that parents paid more than they would have for a toothpaste not marketed as natural.
What each side says
The plaintiff says a reasonable parent would read "Orajel Naturals" and "Natural" flavor names to mean the products contain no synthetic ingredients. She calls the "coconut-derived" note misleading because, she argues, it presents an industrial ingredient as a plant extract. She says Church & Dwight chose and bought the ingredient, so it knew the products contained it.
The complaint stresses that it does not ask the court to require any new warning or disclosure, only that the company stop the "natural" claims. It points out that the FDA has never defined "natural" for cosmetics or over-the-counter drugs, and it cites 2016 Federal Trade Commission actions against personal-care companies that sold products as "all natural" while using synthetic ingredients.
The three claims are deceptive practices under New York General Business Law section 349, false advertising under section 350, both for the New York subclass, and common-law fraud for the nationwide class.
Class Action Pulse found no public statement from Church & Dwight about the lawsuit. The company had not filed a response as of October 18, 2026. Its position on whether CAPB or the products are "natural" is not known from the public record.
What the court has and has not decided
The docket shows the complaint was filed October 8, 2026. On October 13, the court issued a summons, assigned the case, issued a notice about consenting to a magistrate judge, and entered an order whose text was not public. Public summaries reviewed by Class Action Pulse did not identify the assigned judge.
The court has not decided whether the "natural" labeling is misleading or whether a class should be certified.
Who may qualify
- Product: You bought an Orajel Naturals children's anti-cavity fluoride toothpaste, such as PAW Patrol, Super Mario or Toy Story versions.
- Flavors: Named flavors include Natural Fruity Bubbles, Natural Berry and Natural Watermelon.
- Personal use: Purchases in the U.S. for personal use, not resale, as proposed.
- New York buyers: New York purchasers are also in a proposed subclass with state-law claims.
- Not certified: The court has not approved either group, and the definitions may change.
The complaint proposes two groups:
- Nationwide class: all persons who, during the class period, purchased the products in the United States for personal use, and not for resale.
- New York subclass: all persons who, during the class period, purchased the products in New York for personal use, and not for resale.
The class period runs from the earliest date allowed by the statute of limitations through the date of class notice. Church & Dwight and its affiliates, officers and directors, judicial officers and court staff, and resellers are excluded. "The products" means the Orajel Naturals children's anti-cavity fluoride toothpastes.
What affected readers can do now
There is no claim form. Parents and caregivers who bought these toothpastes can:
- Keep receipts or online order records from Amazon, Walmart or other stores.
- Photograph any tube or box still at home, including the flavor name and ingredient panel.
- Watch for class certification or settlement news.
- Contact Furia Law or their own lawyer with questions.
What you could receive
Keep proof of purchase
Save receipts or online orders and a photo of the box showing the flavor name and ingredient list.
Statutory and treble damages
The complaint seeks actual, statutory and treble damages under New York law, plus fraud damages and restitution. These are requests, not awards.
Stop the natural claims
The plaintiff asks the court to bar the natural representations. She does not seek new warnings.
No money is available now. The complaint asks for actual, statutory and treble damages under the New York laws, compensatory and punitive damages for fraud, restitution, an order stopping the "natural" claims, interest and attorneys' fees. These are requests, and any payment would require a settlement or judgment approved by the court.
Important dates and rights
- July 2025: approximate date of the plaintiff's purchase.
- October 8, 2026: complaint filed.
- October 13, 2026: summons issued and case assigned.
There are no claim, opt-out or objection deadlines. If a class is certified or a settlement is reached, notice would describe members' rights.
Definitions
- Cocamidopropyl betaine (CAPB): A foaming and cleaning ingredient made from fatty acids and other chemicals.
- Surfactant: An ingredient that helps a product foam and lift away dirt.
- Synthetic: Made through chemical processes rather than taken directly from nature.
- Treble damages: Three times proven actual damages, allowed under some statutes.
- Subclass: A smaller group within a proposed class, here limited to New York buyers.
What happens next
Church & Dwight is expected to respond after it is served, often with a motion to dismiss in labeling cases. Courts have reached different results in "natural" cases, and nothing has been decided here.
A practical note: a photo of the box showing the flavor name and ingredient list is useful because the packaging may change over time.
Sources and evidence boundaries
This article relies on the complaint, the court docket, Open Class Actions and Top Class Actions.
The chemistry, price premium and consumer understanding described here are the plaintiff's allegations. Sales volume and class size are unknown.
Class Action Pulse is not a law firm or settlement administrator and does not guarantee eligibility or payment. This article is general information, not legal advice.
Frequently asked questions
Does the lawsuit say the toothpaste is unsafe?
No. It does not claim any child was harmed. It argues buyers paid more because of the natural branding.
What is CAPB?
Cocamidopropyl betaine is a foaming ingredient. The label calls it coconut-derived; the complaint says it is made through industrial chemical reactions.
Is there money available now?
No. There is no settlement, fund or claim deadline.
What does Church & Dwight say?
Class Action Pulse found no public statement, and the company had not responded in court as of October 18, 2026.
