The complaint for this class action alleges that Ignite USA, LLC makes water bottles that pose a choking hazard for children. The bottles in question are the Contigo Kids Cleanable Water Bottles, which have spouts that may unintentionally detach.
The Nationwide Class for this action is all persons in the US who bought a Contigo Kids Cleanable Water Bottle that is subject to the August 27, 2019 CPSC Voluntary Recall. A Pennsylvania Subclass has also been proposed, for those who bought the water bottles in Pennsylvania.
The water bottles all have similar silicone spouts. According to the complaint, the spouts may detach, making them a choking hazard for small children. The complaint claims that this makes them unfit for their principal and intended purpose, and that because the water bottles are all made by the same maker and have almost identical characteristics, all the water bottles in the product line are similarly flawed.
In fact, Ignite recalled the water bottles on August 27, 2019, just days before the filing of this complaint. However, the complaint says the recall is insufficient because it “was designed so that [Ignite] could retain as much of its unlawful profits as possible while also providing as little [sic] benefits to purchasers as possible.”
First, the complaint says, the recall has not provided enough notice to purchasers. Ignite “does not appear to be contacting any known purchasers directly.” And while the products are sold at major retailers like Walmart, Target, and Costco, their websites do not contain clear and conspicuous information about the recall: “[N]either Walmart nor Target’s websites contain any information at all relating to the defect. And the recall is only mentioned on Costco’s website by clicking on a ‘recall’ link buried at the very bottom of the webpage in fine print.”
Also, the recall only offers to replace the lids on the water bottles, while the complaint alleges that it should provide “monetary relief” to purchasers as well. (The water bottles are not cheap. The complaint prices them at $9 to $24 each.)
Ignite knew about the problem long before it issued the recall, the complaint says; Ignite “has admitted that it received 149 reports of the spout detaching, including 18 reports of spouts ending up in children’s mouths.”
The counts in the complaint include breach of implied warranty of merchantability, unjust enrichment, and violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.