Pacific Market International, which manufactures Stanley drinkware, finally got its wish to have a proposed class action lawsuit thrown out.
U.S. District Judge Tana Lin has dismissed the lawsuit that claimed PMI failed to warn customers that its products contain lead, The Fashion Law reported.
- The Stanley Quencher was arguably the hottest promotional product of 2023.
Several consumers, who claim they wouldn’t have bought the products if they had known about the lead, sued PMI for consumer protection law violations, deceptive trade practices and fraud by omission. The consolidated lawsuit sought refunds for the cups purchased, punitive damages and an injunction requiring Stanley to disclose the presence of lead in its products.
Because the consumers didn’t explain exactly how the specific amount of lead used in the cups could harm a person, the judge found that the company’s alleged failure to disclose that fact doesn’t hold water, according to reporting from Law360’s Y. Peter Kang.
RELATED: Promo Offers Plenty Of Lead-Free Drinkware Options
“Without sufficient allegations to show that the lead in the Stanley cups could pose actual harm to consumers, the apparent need for disclosure is a moot proposition,” Lin wrote in her 31-page ruling, adding that statements made by health experts in news articles cited in the complaint were vague and speculative.
“Without additional factual support that demonstrates a specific and plausible risk of harm from the lead in Stanley cups, the mere presence of lead could not be material to a reasonable consumer,” the order states. “Allowing these allegations to survive a motion to dismiss would green light all kinds of lawsuits based merely on the presence of a material that, in some unspecified amount, could be harmful.”
- However, consumers have 45 days to file a revised lawsuit, according to the order.
Viral Rumors Spark Litigation
Last January, many customers took to social media to share stories about using at-home tests to determine whether there’s lead in any of their Stanley products. Pacific Market responded by admitting that lead is used as part of the tumbler’s vacuum insulation, but that a stainless-steel layer prevents the toxic metal from coming into contact with consumers.
RELATED: Stanley Drinkware Maker Hit With Class Action Lawsuit Following Recall
At the time of the viral controversy, multiple suppliers in the promotional products industry who carry Stanley drinkware expressed no concerns over the safety of the products.
“Stanley has passed safety and compliance tests – all compliance documents are accessible on PCNA’s asset portal and our product pages,” said Liz Haesler, global chief merchandising officer at PCNA – the No. 3 supplier in the PPAI 100.
Brian Porter, chief revenue officer at Starline – the No. 15 supplier in the PPAI 100 – said that it was a case of “social media gone a little wild, as it can do from time to time.”
