Graco TurboBooster and Affix Booster Seats Deceptive Marketing Class Action

This class action alleges that Graco markets certain of its booster seats as being appropriate for children who weigh less than forty pounds and as providing side-impact protection. The complaint alleges that both these claims are false. The defendants in the case are Graco Children’s Products, Inc. and its parent company, Newell Brands DTC, Inc.

The Nationwide Class for this action is all persons who bought a booster seat in the US for personal use and not for resale. There is also an Ohio Subclass for those who bought the booster seat in Ohio.

The two seats at issue are the Graco TurboBooster Highback Car Seat and Graco’s Affix Youth Booster Seat. Both are high-back booster seats that have been marketed by Graco for children who weigh as little as thirty pounds.

The complaint alleges Graco has known for a long time that booster seats are not safe for children weighing less than forty pounds.

Canada has not allowed the sale of booster seats for children of less than that weight since 1987. Also, the National Highway Traffic Administration has warned for a long time against booster seats for children under forty pounds, telling parents to use seats with an internal five-point harness until that point. And AAA has warned, “Each time you ‘graduate’ your child to the next seat, there’s a reduction in the level of protection for your child. Keep your child in each stage as long as possible.”

However, the complaint claims that Graco wanted to “corner the market on booster seats” and so asserted that parents could transition children to Graco booster seats when they weighed as little as thirty pounds.

In addition, the complaint alleges, “Graco also holds out its Booster Seats as providing substantial side-impact safety in accordance with claimed ‘rigorous’ side-impact testing. But, in reality, the Booster Seats provide no appreciable side-impact protection and instead are extremely dangerous for their advertised use.”

But what about the claims of “rigorous” testing? The complaint claims that “Graco’s misrepresentations misleadingly suggest there are uniform side impact testing standards for booster seats and that Graco’s Booster Seats pass those standards. In reality, there are no such standards and Graco is saying nothing more than the Booster Seats pass whatever arbitrary and undisclosed internal tests Graco has conjured for itself.”

Nevertheless, the complaint shows an image of a “Side Impact Tested” label on one of its booster seats.

The complaint cites an investigation by ProPublica on how Graco’s booster seats and side impacts: “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.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Graco TurboBooster and Affix Booster Seats Class Deceptive Marketing Complaint

July 21, 2020

This class action alleges that Graco markets certain of its booster seats as being appropriate for children who weigh less than forty pounds and as providing side-impact protection. The complaint alleges that both these claims are false. The defendants in the case are Graco Children’s Products, Inc. and its parent company, Newell Brands DTC, Inc.

Graco TurboBooster and Affix Booster Seats Class Deceptive Marketing Complaint

Case Event History

Graco TurboBooster and Affix Booster Seats Class Deceptive Marketing Complaint

July 21, 2020

This class action alleges that Graco markets certain of its booster seats as being appropriate for children who weigh less than forty pounds and as providing side-impact protection. The complaint alleges that both these claims are false. The defendants in the case are Graco Children’s Products, Inc. and its parent company, Newell Brands DTC, Inc.

Graco TurboBooster and Affix Booster Seats Class Deceptive Marketing Complaint
Tags: Booster Seat, Deceptive Advertising, Deceptive Labels