From the Washington Post:

The companies are liable for distributing the tainted product even if they had no direct knowledge of the risk because they were negligent in not ensuring the toothpaste was safe, Supervising Deputy City Attorney Jerry Baik said.

Ghermezi said he had not seen the charges but was shocked by the filing. All the adulterated toothpaste was voluntarily pulled from shelves and from his Vernon, Calif., company's inventory eight months ago and destroyed by the U.S. Food and Drug Administration last month, he said.

"Everything we had was destroyed by the FDA," Ghermezi said. "I thought the file had been closed."

Ghermezi said he supplied the toothpaste to Vernon Sales, also based in Vernon. He said his company never knowingly sold adulterated toothpaste and thought the product had FDA approval.

"We didn't know of the ingredients of the toothpaste," he said. "We don't [have] any intention of hurting people."

(Thanks to dsavlin!)

"Charges filed against LA importers over toxic Chinese toothpaste" [Chicago Tribune]
"Criminal Charges Filed Over Poisonous Toothpaste" [Washington Post]
"Los Angeles City's Chief Prosecutor, Along With FDA, Files Criminal Charges Against Two Local Companies For Toxic Toothpaste Import " [RTT News]

RELATED
"Man Who Discovered Tainted Toothpaste Located, Interviewed"
The saga of the tainted toothpaste on Consumerist
(Photo: Janmi_)

He bought a tube, and the next Monday he took a vacation day to bring it to a Health Ministry office. They directed him to a second office, naturally. They told him to take the toothpaste to a third office, and when he balked, they had him fill out a complaint form and leave the tube. Three days later, the story exploded when the country's top health official reported that a "shopper in Panama" had discovered the tainted product.

A year ago, those words would have meant nothing to him. "Nobody had ever heard of this stuff," Mr. Arias said. But a steady drumbeat of news about poison cough syrup had engraved the words in his mind.

"It was inconceivable to me that a known toxic substance that killed all these people could be openly on sale and that people would go on about their business calmly, selling and buying this stuff."

In total, 2 state prisons received 846,288 tubes, 5 cuckoo clocks got 14,544 tubes, and 4 juvis received 3600 tubes. This reminds us of a Johnny Cash tune...

I hear the Chinese poison train a comin'
It's rollin' 'round the bend...
And I ain't seen the FDA,
Since, I don't know when,
I'm stuck in Georgian Prison,
And time keeps draggin' on,
But that Chinese poison train keeps a-rollin',
On down to San Antone...

When I was just a baby,
My Mama told me, "Son,
Always be a good boy,
Don't ever play with Magstix,"
But I fed a man antifreeze toothpaste in Atlanta,
Just to watch him die,
When I hear that whistle blowin',
I hang my head and cry.

Tainted Toothpaste Found in US Prisons [Guardian Unlimited]
(Photo: imorgan73)

From the NYT:

Inspectors from the state's Department of Consumer Protection said they seized 430 tubes of a counterfeit Colgate toothpaste reportedly made in South Africa and 275 tubes of Chinese-made Dentakleen and the strawberry and blueberry flavors of Dentakleen Junior from stores in Hartford, West Hartford, Waterbury, Derby and North Branford. The varieties of the counterfeit Colgate brand, including maximum cavity protection, gel and triple action, are listed as tainted.

State officials said inspections would continue this week.

Last month, about 900,000 tubes of tainted toothpaste turned up in prisons and other state institutions, mostly in Georgia and North Carolina, and at some hospitals in South Carolina and Florida. The investigation in Connecticut was prompted by a call from a consumer who reported that the toothpaste was still on the shelves of some stores, despite the recall order.

For pictures of the poison toothpaste, head to the CT Department of Consumer Affairs where they have pictures as well as the names of stores that were caught still stocking the toothpaste.

700 Tubes of Toothpaste Are Seized in Connecticut [NYT]

So far we have not received any report of death resulting from using the toothpaste. The U.S. handling (of this case) is neither scientific nor responsible.

China says U.S. warning on toothpaste irresponsible [Reuters]
PREVIOUSLY: Today's Helpful Tip From The FDA: Throw Out Poisonous Chinese Toothpaste
NEXT WEEK: Head Of Chinese General Administration Of Quality Supervision, Inspection and Quarantine Sentenced To Death For Inane Declarations Taking Bribes

The FDA is now warning that there is a "low but meaningful risk of toxicity and injury" to people who use the following brands of discount toothpaste: Cooldent Fluoride, Cooldent Spearmint, Cooldent ICE, Dr. Cool, Superdent, Clean Rite, Oralmax Extreme, Oral Bright, Bright Max, and ShiR Fresh Mint.

The tainted toothpaste has been spotted at bargain stores in Los Angeles, Miami, and Puerto Rico. The FDA has devised a simple test to evaluate the safety of your toothpaste: if it says "Made in China," throw it out. — CAREY GREENBERG-BERGER

FDA: Some Toothpaste Sold at Bargain Stores Dangerous [AP]
PREVIOUSLY: FDA To Test All Chinese Toothpaste
Chinese Poison Train Rolls On: Next Stop, Panamanian Toothpaste

There's no evidence that any of the brands, Excel, Mr. Cool, and Mr. Cool Junior, were sold in the United States. Still, the FDA decided to err on the side of caution. — BEN POPKEN

F.D.A. to Test Toothpaste Sent to U.S. From China [NYT]

PREVIOUSLY: Chinese Poison Train Rolls On: Next Stop, Panamanian Toothpaste
(Photo: Getty Images)

Diethylene glycol is the same agent that killed 100 Panamanians after the state-owned Chinese company Taixing Glycerin sold the sweet tasting poison as pharmaceutical-grade glycerine. The mislabeled glycerin was used to make cough syrup.

According to Panama's Health Ministry, the tainted toothpaste, sold under the brands Excel and Mr. Cool, poses less of a threat than the tainted cough syrup because people spit out toothpaste after brushing.

The poison was discovered when "a consumer notified the pharmacy and drugs section of the Health Ministry after seeing that diethylene glycol was listed as an ingredient in toothpaste at a store."

The FDA is watching the situation closely and has found "no evidence" that the tainted toothpaste poses a threat to America's pearly-whites. — CAREY GREENBERG-BERGER

Poisoned Toothpaste in Panama Is Believed to Be From China [NYT] (Thanks to Matt!)
PREVIOUSLY: Counterfeit Cough Medicine Traced To Chinese Factory
(Photo: Jonas B)

"Colgate on Tuesday became the second multinational corporation in a week to buy a small company with a social responsibility message. It bought 84% of Tom's of Maine, the all-natural personal care brand based in Kennebunk, Maine, for $100 million."

"Consumers have shown they are willing to pay a premium for "natural" products from values-oriented companies that make them feel good, and big marketers want a piece of the profitable trend."

We will just have to resort to good ol' fashioned fennel clippings to get that maryjane aftertaste out our gums.

Big Companies Buy Small Brands With Big Values [USATODAY via Adpulp] [p]