Four women have filed a lawsuit against the makers of the Stanley cup –an ultra-popular drink tumbler that went viral on social media. The complaint alleged that brand owner Pacific Market International failed to disclose to consumers that their product, marketed as a safe and durable reusable cup, contains lead in the cups’ vacuum seals –a potential safety hazard. Stanley cups have been trending on social media for the last few months, but the lawsuit –seeking class-action status –could curb sales and impact the product’s popularity. Let’s get into the details.
Background
The lawsuit against the makers of the Stanley cup was filed in Los Angeles by four women who claim the company Pacific Market “misled consumers by failing to disclose that the product contains lead, a toxic substance.” The lawsuit was prompted by the company’s admission in January 2024 that its popular Stanley cups contain lead. The company responded to concerns across social media claiming the product contained lead, stating that “yes, lead is used in the manufacturing process, but the product needs to become damaged in order to expose the lead,” according to a Stanley spokesperson.
Apparently, at the bottom of each tumbler “is a circular barrier made of stainless steel, which covers a pellet that contains lead.” The pellet is used to “seal the product’s vacuum insulation (keeping drinks hot or cold), and it is not accessible unless the stainless-steel barrier comes off,” which is possible but “rare,” according to the company. According to the complaint, the company was dishonest with consumers, failed to initially disclose that their tumblers contained lead, and misled users by marketing their product as safe. The lawsuit alleges that Pacific Market has been marketing its products to the public for years as “a safe, practical item especially suitable for young women” and did not “disclose its use of lead in manufacturing until January 2024.” The complaint alleged that the products’ advertisements market the cups as “BPA-free” and made of steel while omitting another key ingredient used in making its products’ vacuum seal— namely, lead.
Who Are the Parties?
The plaintiffs in the case are four women who had previously purchased and used Stanley cups, and their names are Mackenzie Brown, Meiling Robinson, Shea Ritchie, and Nora McCarl. They brought the action on behalf of themselves and “similarly situated consumers who purchased Stanley cups in California before Stanley admitted, on or about January 24, 2024, that its cups contained lead.”
According to the complaint, all the named plaintiffs and members of the putative class share similar characteristics in that they all bought Stanley cups that contained lead but were provided with no warnings or disclosures about the lead; that they were unaware that the Stanley cups contained lead; that they reasonably believed the cups were safe, durable, and suitable for household and outdoor use; and that they would not have bought the cups if Pacific Market had disclosed the fact that the cups contained lead.
What Are the Legal Claims?
The plaintiffs claim that the company violated California’s false advertising law, which prohibits “intentionally or negligently making an untrue or misleading statement about business services with the intent to induce someone to enter into an obligation relating to those services.” The plaintiffs argue that Pacific Market violated this law by marketing its Stanley cups as “risk-free for children, mothers, and other consumers” when the company knew its products contained lead.
The plaintiffs also claim Pacific Market committed fraud through express and implied statements by its “deliberate nondisclosure of its use of lead in Stanley cups” and that this misled consumers when advertising that the cups were ideal for “rugged outdoor adventures when, in fact, such adventuring” creates a “heightened risk that the cups would be damaged, potentially exposing their owners to lead.”
In their third cause of action, the plaintiffs argue that the above allegations describe “several unlawful, unfair, or deceptive business practices that violate California’s Unfair Competition Law” by marketing their Stanley cups to children and mothers while knowing the products contain lead and failing to disclose this while promoting the products as “safe and conducive to a healthy lifestyle.”
Finally, the fourth cause of action claims that Pacific Market “has been unjustly enriched by selling plaintiffs a product plaintiff reasonably believed was made of stainless steel and that, unbeknownst to plaintiffs, contained lead.” The plaintiff’s claim Pacific Market was “unjustly enriched because it induced consumers to buy its lead-containing cups through deceitful marketing.”
The plaintiffs state that they represent all California-based purchasers of Stanley cups. They seek class-action status, arguing that “the persons in the putative class are so numerous, consisting of hundreds of thousands of individuals, that the joinder of all such persons is impracticable and that the disposition of their claims in a class action rather than in individual actions will benefit the parties and the court.”
What are the Broader Implications of the Lawsuit?
The plaintiffs seek compensatory and punitive damages and an injunction “requiring Stanley to disclose the presence of lead and any other toxins in its products in California.” The company maintains on its website that though there is lead in the cup’s vacuum insulation, there is no lead “on the surface of any Stanley product that comes into contact with the consumer nor the contents of the product.”
The Stanley cup became a social media sensation, propelling “the 100-year-old, privately held Stanley brand to a ten-fold increase of $750 million in revenue last year.” However, due to the social media posts about lead in the tumblers, with consumers posting videos showing lead tests conducted on their cups –the company’s revenue stream may take a hit.
The case exemplifies social media’s explosive power and influencers’ impact on marketing products. The Stanley cups went from being a viral TikTok sensation to being singled out as dangerous for containing harmful materials. It is important to note, however, the hurdles plaintiffs will likely face in their lawsuit concerning proof or evidence that they were “harmed” by the lead in the Stanley cups and that the company intended to mislead consumers about their tumblers containing lead. The four female plaintiffs claim they would not have purchased the product if they had known it contained the harmful material lead, but whether this is enough to demonstrate harm will be for the court to decide.
Interested in Class Actions and Product Liability Lawsuits?
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Sources:
https://trellis.law/case/24stcv02653/mackenzie-brown-et-al-vs-pacific-market-international-llc
https://www.today.com/health/news/stanley-cups-lead-rcna135513
Music: Disruptor’s Dance by Anka Mason
Blog Narration: Anka Mason
