Graco Booster Seats Misleading Marketing Class Action

This class action brings suit against Graco Children’s Products, Inc. and Newell Brands DTC, Inc. The complaint claims the suit is meant to address “their misleading marketing of, and sale of, poorly-designed, mislabeled, and defective booster seats to the Plaintiff and other consumers. Among the allegations is that Graco has marketed the booster seats as being safe for children as light as thirty pounds.

The class for this action is all persons who bought one of the booster seats at issue, in the US, for personal use and not for resale, from 2009 to the present. There is also a Georgia Subclass for those who bought the booster seat in Georgia.

The seats at issue are Graco’s TurboBooster Highback Car Seat and its Affix Youth Booster Seat. (Graco is a wholly-owned subsidiary of Newell Brands DTC.)

The complaint claims, “Graco has known since as early as 2002 that the Booster Seats are not safe for any child weighing less than 40 pounds.”

According to the complaint, “Since 1987 Canada has not allowed the sale of boosters for use with children under 40 pounds. And, nearly a decade ago, the National Highway Traffic Safety Administrations (‘NHTSA’) warned against using and booster seat for any child weighing less than 40 pounds, noting that such use can endanger those children.” Instead, such children should be in a child seat with an internal five-point harness.

The safest practice, the complaint says, is for parents to use forward-facing child seats until their children reach the height and weight limits for those seats. However, it says, Graco “falsely claimed parents can safely transition their children to Graco Booster Seats once they reach 30 pounds, even though scientific and crash test evidence proves that to be extremely risky and unsafe.”

Graco also claims that its booster seats have had “rigorous” side-impact testing. But the complaint alleges that, “in reality, the Booster Seats provide no appreciable side-impact protection and instead are extremely dangerous for their advertised use.”

There are no uniform or federal government standards for side-impact testing. Therefore, the complaint says, “Graco is saying nothing more than the Booster Seats pass whatever arbitrary and undisclosed internal tests Graco has conjured for itself.”

According to the complaint, ProPublica undertook an investigation of the booster seats. The complaint alleges, “ProPublica’s side impact testing on Graco’s Booster Seats demonstrated that such impacts could lead to serious injuries—and even death—in the event of a side-impact crash.” Still, Graco markets the seats with a tag that says “Side Impact Tested,” and while saying they are safe for children weighing less than 40 pounds.

The counts include breaches of warranties, negligent misrepresentation, and fraud by concealment, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Graco Booster Seats Misleading Marketing Complaint

August 10, 2020

This class action brings suit against Graco Children’s Products, Inc. and Newell Brands DTC, Inc. The complaint claims the suit is meant to address “their misleading marketing of, and sale of, poorly-designed, mislabeled, and defective booster seats to the Plaintiff and other consumers. Among the allegations is that Graco has marketed the booster seats as being safe for children as light as thirty pounds.

Graco Booster Seats Misleading Marketing Complaint

Case Event History

Graco Booster Seats Misleading Marketing Complaint

August 10, 2020

This class action brings suit against Graco Children’s Products, Inc. and Newell Brands DTC, Inc. The complaint claims the suit is meant to address “their misleading marketing of, and sale of, poorly-designed, mislabeled, and defective booster seats to the Plaintiff and other consumers. Among the allegations is that Graco has marketed the booster seats as being safe for children as light as thirty pounds.

Graco Booster Seats Misleading Marketing Complaint
Tags: Booster Seat, Deceptive Advertising, Deceptive Labels