Evenflo Big Kid Booster Seat Deceptive Marketing Class Action

This class action is one of a number against Evenflo Company, Inc. for its Big Kid Booster Seat, which was sold to some 18 million customers for the safety of their children. The complaint alleges that Evenflo wrongly claimed the seats were for children as light as thirty pounds and made false or misleading claims about the seats’ performance in side-impact crashes.

The Big Kid booster seat does not have the harness-type restraints of seats designed for smaller children. However, Evenflo claimed the seats were usable for children as light as thirty pounds.

The National Highway Traffic Safety Administration (NHTSA) put out a report in 2010 that the complaint quotes as saying, “Forward-facing … child seats are recommended for children age 1 to 4, or until they reach 40 lbs. Early graduation from child restraint seats (CRS) to booster seats may also present safety risks. Child restraint seats may offer more lateral support and better containment for smaller children.”

In fact, the report said, “it may be the case that more severe injuries are better prevented by CRS even at 4 years old.”

The complaint alleges that Evenflo knew that it “provided inadequate protection from a side-impact collision, but hid that crucial flaw from trusting parents by prominently claiming on its website, product packaging and brochures, and on the product itself … that it was tested—and presumably passed the test—for side-impact collisions pursuant to standards that were twice as demanding as the government’s standard.”

In fact, the federal government has never adopted any side-impact standards for child car or booster seats. Evenflo’s tests were therefore designed by Evenflo, the complaint says, “and there was no government standard against which to provide any reference point for the determination of side-impact testing.”

Even worse, the complaint alleges, Evenflo “gave itself a ‘passing’ grade” for its tests “by secretly setting the standard for securing a ‘passing grade’ on any test to merely require that the test dummies not be completely ejected from the seat or that the seat itself did not end up broken into multiple pieces.”

The complaint also says that “both the tests and the testimony of [Evenflo’s] own employees … demonstrate that Evenflo was repeatedly warned that the seats were not safe. Nevertheless, Evenflo knowingly, but improperly, marketed these seats as safe for children who were as young as [one year old] or as small as 30 pounds, when [Evenflo] knew that, in the event of foreseeable side-impact collisions, children would have been better protected if they had remained in seats with a built-in five-point harness.”

The Nationwide Class for this action is all persons who bought the Big Kid booster seat under Counts One, Five, Six, and Seven in this case. A California Subclass and a Multistate Class have also been proposed. (See the complaint for this case at the link below for details of the counts, which primarily involved breaches of warranties.)

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Evenflo Big Kid Booster Seat Deceptive Marketing Complaint

April 27, 2020

This class action is one of a number against Evenflo Company, Inc. for its Big Kid Booster Seat, which was sold to some 18 million customers for the safety of their children. The complaint alleges that Evenflo wrongly claimed the seats were for children as light as thirty pounds and made false or misleading claims about the seats’ performance in side-impact crashes.

Evenflo Big Kid Booster Seat Deceptive Marketing Complaint

Case Event History

Evenflo Big Kid Booster Seat Deceptive Marketing Complaint

April 27, 2020

This class action is one of a number against Evenflo Company, Inc. for its Big Kid Booster Seat, which was sold to some 18 million customers for the safety of their children. The complaint alleges that Evenflo wrongly claimed the seats were for children as light as thirty pounds and made false or misleading claims about the seats’ performance in side-impact crashes.

Evenflo Big Kid Booster Seat Deceptive Marketing Complaint
Tags: Breach of warranty, Child Car Seat, Deceptive Advertising, Deceptive Labels