This class action is about non-stick pans and other cookware. The complaint alleges that food sticks to the cookware made by E. Mishan and Sons, Inc. that the company describes as “nonstick.”
The class for this action is all consumers who bought the products in the US during the class period.
E. Mishan and Sons does business as Emson and sells cookware under the name Gotham Steel. Its products are sold at Amazon.com and Overstock.com and in stores such as CVS, Walmart, and Bed, Bath & Beyond.
The complaint reproduces an image of a pan in its cardboard packaging that makes claims such as “No Oil or Butter Needed!” and “No Sticking!” Similar claims are made on images of cookware in boxes.
The complaint also cites a commercial starring a “celebrity chef,” Daniel Green, who says that Gotham Steel is “the newest technology in nonstick cookware made with ceramic and superstrong titanium.” Also, “[t]he commercial shows Mr. Green moving the pan around over a stove while fried eggs slide around the pan without sticking. Mr. Green exclaims while doing this, ‘It’s literally like cooking on air! Everything slides right off!’” Later, he shows how burnt cheese sticks to a regular pan but slides off the Gotham pan.
Plaintiff Carl Mack saw representations in commercials and on a pan’s cardboard packaging that the pan was nonstick. He even saw a commercial that featured candy burning in a pan and then the pan being wiped clean with a cloth. From these representations, he understood that he did not need to use butter or oil when cooking. He bought one of the pans from Kmart in December 2016.
However, the complaint alleges that, after using the pan for a month or so, he began to find food sticking to it. Eventually he stopped using it.
Plaintiff Alec Gable also understood from the company’s representations that he did not need butter or oil to cook with the pans. In May 2018, he bought two pans from the Gotham Steel website and began using them on a daily basis. However, the complaint contends that food stuck to the pan from the beginning. He began using butter or oil to cook, but the complaint says the problem continued: “The pans were often caked with black burnt marks and Mr. Gable discarded them after about a month.”
In addition, the complaint quotes online postings making similar complaints about the cookware.
The complaint alleges breaches of warranty and false advertising, among other things.