Evenflo Big Kid Booster Seat “Passed” Side Impact Tests Class Action

Early on, the complaint for this class action quotes a February 2020 story in ProPublica: “In February 2012, a safety engineer at Evenflo, one of the biggest sellers of children’s booster seats, … recommended Evenflo stop selling booster seats for children who weigh less than 40 pounds.” He cited government research and safety concerns. The complaint for this class action alleges that Evenflo deceived consumers by continuing to sell the seats and claiming they were “side impact tested”—despite the questionable results of those tests.

The National Class for this action is all persons in the US who bought an Evenflo Big Kid booster seat from 2008 through the present. A Pennsylvania class has also been proposed.

A number of class actions have taken up this same issue in recent months, with allegations similar enough that they are being combined into a multi-district case (MDL No. 2938).

The engineer who protested the marketing of Evenflo’s Big Kid booster seat, Eric Dahle, felt that children lighter than forty pounds would be safer in a seat with a harness to hold their small bodies in place. The article in ProPublica says, “A marketing executive ‘vetoed’ Dahle’s safety recommendation, and internal Evenflo record shows.”

When the subject came up again later, the executive, who’d since been promoted, “expressed his exasperation. ‘Why are we even talking about this?’ he wrote in an email, adding, ‘I have looked at 40 lbs for the US numerous times and will not approve this.’”

The complaint claims that the seats were not appropriate for children under forty pounds. Not only that: They were marketed as being “side impact tested,” and while that was true in a general sense, the results of those tests were alarming.

Again, the complaint quotes from the ProPublica article: “The company’s tests show that when child-sized crash dummies seated in Big Kid boosters were subjected to the forces of a T-bone collision, they were thrown far out of their shoulder belts. Evenflo’s top booster seat engineer would later admit in a deposition if real children moved that way, they could suffer catastrophic head, neck, and spinal injuries.” Yet the company gave the seat passing grades.

The government has no side-impact testing rules or standards for child safety seats, the complaint says, yet Evenflo’s website materials claim that its child booster seat product line “[m]eets or exceeds all applicable federal safety standards and Evenflo’s [s]ide impact standards.”

The complaint also quotes an Evenflo internal marketing document boasting of the seat’s “perceived side protection.”

The complaint alleges fraudulent concealment, breaches of warranties, and violations of Pennsylvania state consumer protection laws.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Evenflo Big Kid Booster Seat “Passed” Side Impact Tests Complaint

April 14, 2020

Early on, the complaint for this class action quotes a February 2020 story in ProPublica: “In February 2012, a safety engineer at Evenflo, one of the biggest sellers of children’s booster seats, … recommended Evenflo stop selling booster seats for children who weigh less than 40 pounds.” He cited government research and safety concerns. The complaint for this class action alleges that Evenflo deceived consumers by continuing to sell the seats and claiming they were “side impact tested”—despite the questionable results of those tests.

Evenflo Big Kid Booster Seat “Passed” Side Impact Tests Complaint

Case Event History

Evenflo Big Kid Booster Seat “Passed” Side Impact Tests Complaint

April 14, 2020

Early on, the complaint for this class action quotes a February 2020 story in ProPublica: “In February 2012, a safety engineer at Evenflo, one of the biggest sellers of children’s booster seats, … recommended Evenflo stop selling booster seats for children who weigh less than 40 pounds.” He cited government research and safety concerns. The complaint for this class action alleges that Evenflo deceived consumers by continuing to sell the seats and claiming they were “side impact tested”—despite the questionable results of those tests.

Evenflo Big Kid Booster Seat “Passed” Side Impact Tests Complaint
Tags: Baby or Child Seat, Breach of warranty, Defective Product, Fraudulent Concealment