How strong are the motors of blenders? The complaint for this class action alleges that Blendtec, Inc. and its parent company, K-Tech Holdings, Ltd., advertise higher power for their blenders than they are able to achieve, specifically 3.0 and 3.8 peak horsepower (HP).
The class for this action is all persons who bought a Blendtec blender with a 3.0 Peak HP or 3.8 Peak HP claim.
Plaintiff Maryleen Johnson bought a Blendtec Designer 650 from the Home Shopping Network. (The full list of blender models at issue is very long and can be found on pages 6 and 7 of the complaint, linked below.) The claims for 3.0 peak HP for this and other models of Blendtec blenders can be found on the Home Shopping Network website, on signs at retail locations, and on the Blendtec website.
The complaint says, “As of July 2019, Blendtec uniformly and prominently advertises a HP Claim of ‘3.0 horsepower’ or ‘3.8 horsepower’ for all the Blenders on their website and marketing materials. For example, in some of Blendtec’s comparison charts on their website, the HP Claim is the first feature compared.”
The first thing to note is that the HP claims are about “peak horsepower” and do not represent the constant running strength of the blenders. The complaint claims that the Blendtec website admits as much when it says that the blenders “do not constantly run at [the HP claim] level in residential kitchens.”
In response to this, the complaint makes a bald statement: “That is because in the real world, it is physically impossible for any of the Blenders to achieve a horsepower output anywhere close to Defendants’ HP Claims.”
To prove this, the complaint refers to the electrical rating on the blenders themselves and to testing performed by the Underwriters Laboratories (UL). For the 3.0 Peak models, “the total electrical power input possible at any instance” is only 1560 watts; for the 3.8 Peak models, it is only 1800 watts. The complaint says, “If the electrical power is perfectly converted by the Blenders’ motors, which it is not, the total possible output power of a Blender labeled with ‘3.0 Peak HP’ is only about 2.09 horsepower… This is 30.2% below the claimed ‘3.0 Peak HP.’” For the 3.8 Peak HP blenders, the output would be 2.41 HP, 36.5% lower than the claimed HP.
Also, the standard three-prong outlets found in American homes, and the three-prong cords on the blender, the complaint says, “are never rated for more than 1800 watts and 0.5 horsepower, respectively.”
The counts include allegations of breaches of warranties, negligent misrepresentation, and fraud, among other things.