Evenflo Faces Investigation for Deceptively Marketing "Big Kid" Booster Seats
Schubert Law Firm Investigating Potential Class Action Claims That the “Big Kid” Was Not Safe for Side-Impact Crashes or Children Lighter than 40 Pounds
Schubert Jonckheer & Kolbe LLP today launched an investigation into the conduct of Evenflo Company, Inc. for deceptively marketing its “Big Kid” child booster seats as “side impact tested,” despite recent reports that its own tests showed grave safety concerns.
According to a February 6, 2020 investigation by ProPublica, “Evenflo touted its Big Kid boosters as ‘SIDE IMPACT TESTED’ without revealing that its own tests showed a child seated in its booster could be in grave danger in such a crash.” Evenflo claims that the Big Kid “meets or exceeds all applicable federal safety standards and Evenflo’s side impact standards.” ProPublica, however, found that “Evenflo’s tests were anything but stringent,” relying on internal company documents, sworn depositions of company employees, and multiple years of side-impact test videos. In fact, ProPublica found that Evenflo’s test bar was so low that “the only way to fail was if the child-sized dummy ended up on the floor or the booster itself broke into pieces.”
The Schubert Firm is also investigating claims that the Big Kid was not safe for children weighing under 40 pounds. At various times, Evenflo marketed the Big Kid as safe for children as light as 30 pounds. However, more than a decade of recommendations from safety advocates, pediatricians, and researchers have found that children under 40 pounds are far safer in harnessed seats. In fact, Evenflo’s own safety engineer recommended that the company stop selling booster seats for children under 40 pounds because of safety concerns.
In light of the serious concerns raised by ProPublica, the Schubert Firm is investigating whether Evenflo’s marketing of the Big Kid is false and misleading in violation of state and federal laws. Parents who purchased the Big Kid may be able to participate in a class action lawsuit seeking damages and an end to the company’s marketing practices. If you purchased a Big Kid booster seat for your child, you may be entitled to a refund of the purchase price.
If you purchased an Everflo “Big Kid” booster seat and would like to learn more about your legal rights—or would like to participate in the class action lawsuit—please complete the form below.
