Pacific Market International, which manufactures Stanley drinkware, has requested that a federal judge in Seattle throw out a class action lawsuit after the company allegedly failed to warn customers that its products contain lead.
- The Stanley Quencher was arguably the hottest promotional product of 2023.
Attorneys for Pacific Market filed a motion on July 31 to dismiss the case on the grounds that the consumers behind the four lawsuits that have been consolidated into a single class action have failed to show how the tumblers pose a safety threat.
“Simply put, the complaint does not allege that lead in Stanley cups causes harm,” the attorneys wrote in their filing to U.S. District Judge Tana Lin. “Since plaintiffs’ lawsuit seeks to impose massive liability for nondisclosure of lead in Stanley cups because that lead purportedly poses a ‘safety and health-related concern,’ the absence of any such factual allegations is the overarching, fundamental defect in the complaint.”
In a separate motion also filed on July 31, Pacific Market argued that the plaintiffs erred by relying on Washington state consumer laws to bring claims on behalf of a nationwide class of consumers.
- As a result, the attorneys have asked Judge Lin to strike down the allegations.
John Rushing of Rushing McCarl, one of the firms representing the plaintiffs, told Reuters that the company’s motion mischaracterizes the allegations in the complaint. “We have every confidence that we will defeat this motion,” Rushing said.
Viral Rumors Spark Litigation
In 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.
Several consumers, who claim they wouldn’t have bought the products if they had known about the lead, sued Pacific Market for consumer protection law violations, deceptive trade practices and fraud by omission. The consolidated lawsuit is seeking refunds for the cups purchased, punitive damages and an injunction requiring Stanley to disclose the presence of lead in its products.
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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.”
