Boka Toothpaste Lawsuit: Investigation, NAD Ruling, and Heavy Metals

There is no active Boka toothpaste lawsuit on record. As of mid-2026, no class action has been filed and no settlement exists, but the law firm Cohen & Malad, LLP has opened a public investigation into potential consumer claims against Essor Group, Inc., Boka’s parent company, over how the fluoride-free oral care line has been marketed and what independent testing has found inside the tubes.¹

The Law Firm Investigation

Cohen & Malad is soliciting consumer contacts to evaluate cases involving Boka toothpaste, mouthwash, whitening products, and other items in the line. The legal theories the firm is exploring include false advertising, deceptive marketing, breach of warranty, unjust enrichment, and violations of state consumer-protection statutes.¹

The firm points to two things as the basis for its inquiry: a pair of advertising rulings that told Essor to stop making certain product claims, and third-party laboratory results reporting trace heavy metals in Boka toothpaste.¹ The investigation is early. No complaint has been filed, no class has been certified, and no court has ruled on anything.

What the Advertising Rulings Said

In spring 2025, Procter & Gamble, which sells fluoride-based Crest toothpaste, filed a challenge with the National Advertising Division of BBB National Programs targeting Boka’s claims. On May 1, 2025, the NAD recommended that Essor discontinue three sets of claims:²

That Boka toothpaste “remineralizes enamel” and “helps fortify the surface of teeth.”
That Boka toothpaste whitens teeth.
That Boka mouthwash contains prebiotics that maintain a healthy oral microbiome for fresher breath.

The core problem, according to the NAD, was that Essor had not tested its finished products. It relied instead on research about nano-hydroxyapatite (nHA) as an isolated ingredient or on studies of other formulations.² Essor could still say the ingredient was in the product; it could not say the product delivered specific health results.

Essor appealed. On July 21, 2025, the National Advertising Review Board upheld the NAD across the board in Case No. 7412-339, noting that neither the FDA nor the American Dental Association has concluded that nano-hydroxyapatite remineralizes teeth. Essor said it “strongly disagrees with NARB’s conclusion” but would comply.³

The Heavy Metals Reports

In January 2025, Lead Safe Mama, LLC, an advocacy organization run by Tamara Rubin, published third-party laboratory results for Boka’s Ela Mint toothpaste. The tests reported lead at 0.32 parts per million, mercury at 0.01 ppm, and arsenic at 0.21 ppm.⁴ In March 2025, the group reported that Boka Kids Orange Cream toothpaste tested positive for lead and mercury.⁵

Those levels are legal. Current FDA guidelines for cosmetics set limits of 10 ppm for lead, 1 ppm for mercury, and 3 ppm for arsenic, and the reported figures fall within those limits.⁴ Lead Safe Mama argues the cosmetic thresholds are too lenient for a product used in the mouth several times a day and has petitioned the FDA to set tighter limits for toothpaste specifically.⁵

Boka has disputed the methodology. The company said the report used a food-testing protocol (AOAC 2015.01) rather than the standard cosmetics method (ISO 21392:2021), and that its products comply with FDA guidelines and California Proposition 65 limits for heavy metals.⁴ No government recall or formal regulatory action has followed.

Where nHA Toothpaste Stands With Regulators

Boka’s active ingredient is nano-hydroxyapatite rather than fluoride, and that matters for how any lawsuit might be framed. The FDA has not approved any hydroxyapatite or nano-hydroxyapatite toothpaste for cavity prevention. Only fluoride toothpastes carry that approval, and no nHA toothpaste holds the ADA Seal of Acceptance.⁶

That does not mean the ingredient is considered unsafe. Europe’s Scientific Committee on Consumer Safety concluded nano-hydroxyapatite is safe in toothpaste at concentrations up to 29.5%.⁶ The regulatory gap is about approved cavity-prevention claims, not general safety.

If You Bought Boka Products

There is nothing to file a claim against yet. Consumers who believe they were misled by the remineralization, whitening, or prebiotic claims, or who are concerned about the heavy metals reports, can contact a firm like Cohen & Malad that is publicly evaluating cases. Keep purchase records, product packaging, and receipts if you want to be included should a formal complaint eventually be filed.¹

1
Cohen & Malad. Boka Toothpaste Lawsuit Lawyer
2
BBB National Programs. NAD Decision: Essor Group
3
BBB National Programs. NARB Decision: Essor Group
4
Lead Safe Mama. Boka Nano-Hydroxyapatite Toothpaste in Ela Mint Flavor
5
Lead Safe Mama. Boka Kids Orange Cream Flavored Fluoride-Free Toothpaste
6
WebMD. Hydroxyapatite Toothpaste