VanMan Company Lawsuit: Volkswagen Trademark and Prop 65 Lead Notice

The VanMan Company lawsuit picture in 2025 involves two separate matters, not one: a trademark opposition brought by Volkswagen before the U.S. Trademark Trial and Appeal Board, and a California Proposition 65 notice of intent to sue over alleged lead in the company’s tooth powder. The trademark case ended within months when VanMan withdrew its application. The Prop 65 matter had not produced a filed lawsuit on the available record.

The Volkswagen Trademark Opposition

Volkswagen Aktiengesellschaft filed the opposition on April 30, 2025, before the Trademark Trial and Appeal Board (TTAB), the body within the U.S. Patent and Trademark Office that hears disputes over trademark registrations. The proceeding was docketed as Opposition No. 91298699.1UniCourt. Volkswagen Aktiengesellschaft vs. The VanMan Company, LLC

The public case records do not specify which VanMan application Volkswagen challenged or the precise grounds. The matter was categorized as an intellectual property and trademark dispute.1UniCourt. Volkswagen Aktiengesellschaft vs. The VanMan Company, LLC

On August 6, 2025, the TTAB dismissed the opposition without prejudice after VanMan withdrew its trademark application with Volkswagen’s consent.1UniCourt. Volkswagen Aktiengesellschaft vs. The VanMan Company, LLC Dismissal without prejudice means the dispute ended without a merits ruling and Volkswagen could refile if VanMan later sought the same or a similar registration. In practice, VanMan gave up the application rather than litigate.

Why a Car Company Went After a Skincare Brand

Volkswagen has a documented history of enforcing intellectual property tied to its “Bulli” van. In 2021, the European Union Intellectual Property Office’s Board of Appeal ruled that the VW Bus shape is “inherently distinctive” and protectable as a three-dimensional trademark, pointing to features like the V-shaped hood, split windshield, and round headlights.2MLL News. The Shape of the VW Bulli – A Trademark That same year, Volkswagen blocked an EU trademark application by Pinball Factory GmbH whose logo showed a van silhouette, with the Board finding the image reproduced the front view of the Volkswagen vehicle “almost identically.”3Trademark Lawyer Magazine. Volkswagen Blocks Registration of an EU Trademark With the Image of Its Van The available VanMan file does not confirm which specific mark drew Volkswagen’s attention, but the company name and van imagery sit squarely inside the territory Volkswagen has been policing.

The California Proposition 65 Lead Notice

On June 30, 2025, the Center for Consumer Safety, LLC (CCS), through attorney Shannon C. Wilhite of Sentinel Law APC, served a 60-day notice of intent to sue The VanMan Company and Amazon.com under California’s Proposition 65. The notice alleged that VanMan’s “Miracle Tooth Cleaning Powder Toothpaste” contained lead, a chemical listed under Prop 65 as causing reproductive toxicity, and was being sold in California without the required health hazard warnings.4California Office of the Attorney General. Proposition 65 Notice of Violation – The VanMan Company LLC

CCS gave the companies until August 29, 2025, to recall the product sold in California, add compliant warnings, reformulate, or pay civil penalties. Failing that, CCS said it intended to file a civil lawsuit in California superior court.4California Office of the Attorney General. Proposition 65 Notice of Violation – The VanMan Company LLC

The Testing Behind the Notice

The notice followed independent laboratory testing commissioned by Lead Safe Mama, LLC, which reported “incredibly high levels” of lead and arsenic in the Miracle Tooth Powder, plus detectable cadmium and mercury.5Tamara Rubin / Lead Safe Mama. VanMan’s Miracle Tooth Powder Fluoride-Free Separate third-party testing reported by Money Talks News found lead levels above 300 parts per billion.6Money Talks News. Many Toothpaste Brands Are Tainted With Toxic Lead, Testing Finds

Whether those readings violate any given law depends on the jurisdiction. The FDA classifies tooth powder as a cosmetic and permits up to 10,000 parts per billion of lead in cosmetic products, so the readings did not put VanMan outside federal limits. Washington State’s Toxic-Free Cosmetic Act, enforceable since January 2025, caps lead in cosmetics at 1,000 parts per billion, and Lead Safe Mama said the product appeared to exceed that limit.5Tamara Rubin / Lead Safe Mama. VanMan’s Miracle Tooth Powder Fluoride-Free California’s Proposition 65 works differently: it does not set a numeric threshold for lead in cosmetics, but requires businesses to give clear warnings before exposing consumers to listed chemicals.

Where the Prop 65 Matter Stands

On the available records, no lawsuit had been filed after the 60-day notice expired, and no FDA enforcement action, recall, or additional state regulatory action against VanMan’s tooth powder had been publicly announced.4California Office of the Attorney General. Proposition 65 Notice of Violation – The VanMan Company LLC A Prop 65 notice is a prerequisite to a private enforcement suit, not the suit itself, so silence after the deadline can mean the parties settled, that CCS chose not to file, or simply that a filing has not yet surfaced in public records.