Milberg Wins Ground-breaking Battle Against Graco
A federal judge determined on Tuesday, September 1st that a proposed class action against Graco for improperly marketing its car booster seats can proceed.
Though Graco’s defense focused on the lack of physical injuries sustained from their TurboBooster car seat, The U.S. District Court for the Northern District of Georgia Gainesville Division recently confirmed the Plaintiffs’ economic injury as due reason for compensation. Regardless of a lack of physical harm, Kellie Carder and additional parents allege that they did not receive the product they bargained for, nor would they have purchased this product had they known it wasn’t safe for children weighing less than forty pounds. In fact, their decision to buy the product solely relied on false claims willingly advertised by the company.
Though the war isn’t over, Milberg is vetted in taking on other large car seat companies, including Evenflo and Britax, and the court’s recent decision to deny Graco dismissal of charges is a ground-breaking victory for Milberg’s team of attorneys.
“We are pleased to be able to start moving this case forward, especially given the importance of the issues it raises,” Plaintiffs’ attorney, Milberg’s Martha Greer says.
Graco’s Children’s Products Inc. “Graco” created two models of children’s car seats, the TurboBooster and Affix Booster Seat models, most notably the TurboBooster, which hit the market nearly two decades ago. Though this product witnessed instant popularity and immediate sales consumption, parent Kellie Carder and others across fifteen separate states have sued Graco after claiming that the company falsely marketed the U.S. booster seats as: 1. “side-impact tested” and 2. safe for children as light as thirty pounds and as young as three years old.
Parents also claim Graco has willingly created these false marketing claims since the booster seats’ beginnings in 2002, noting that the booster seats can’t confirm any risk reduction regarding side-impact collisions, creating confirmed unsafe conditions for children younger than four, weighing less than forty pounds. Wariness grew with the reality that this same product is sold in Canada, but there, the booster seat products come with a warning label of possible injury and/or death for children under four.
Unfortunately, federal safety standards in the U.S. do not require side-impact testing on these types of products. However, Plaintiffs state that Graco was always aware the National Highway Traffic Safety Administration (NHTSA) had told Congress (at least by 2002) that booster seats should only be recommended for children weighing a minimum of forty pounds.
The lawsuit states that “Graco took advantage of this regulatory gap and seized the opportunity to concoct their own side impact testing, the specifics of which have never been voluntarily disclosed to consumers,” but Plaintiff Silvia Tehomilic noted that even after allegations of age/weight limitations were confirmed, Graco still hadn’t removed its false advertisements off the online product descriptions.
With victories against big-name companies like Evenflo and Britax, even Subaru, Audi, GE, and Whirlpool, Milberg attorneys are unmatched in class action expertise. The best way to determine if you have a viable consumer product lawsuit, though, is to contact us for a free consultation. Milberg is one of the premier consumer litigation law firms in the country, having recovered millions for consumers wronged by corporation giants. If you’ve been the victim of deceptive marketing practices, reach out to us for a free case evaluation.