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A federal judge denied class certification to a group of consumers who allege their Tempur-Pedic mattresses made them sick.
U.S. District Judge Jon Tigar determined the plaintiffs did not establish that the proposed Class Members had been exposed on a Class-wide basis to the allegedly deceptive advertising about defendant Tempur-Sealy International Inc.’s Tempur-Pedic mattresses.
Plaintiffs claim Tempur-Pedic mattresses emit a chemical odor that makes them sick. This odor persists despite advertisements they attribute to Tempur-Sealy that claim the mattresses do not emit certain chemicals or allergens – advertisements the plaintiffs say constitute misrepresentations.
Judge Tigar determined that class certification is not appropriate because whether the proposed Class Members had been exposed to the alleged misrepresentations would have to be determined on an individual basis.
That determination would dominate over other commonly shared issues of law or fact, the judge said.
“[R]esolving Plaintiffs’ claims would require a highly individualized inquiry into each class member’s exposure to Defendants’ advertising. Accordingly, it concludes that a class action would not be a superior mechanism for resolving this dispute,” Judge Tigar wrote.
The judge also noted that some purported Class Members could have chosen to buy a Tempur-Pedic mattress without ever having been exposed to the advertisements at issue, basing their decision to buy solely on their in-store experience trying different mattresses.
This Tempur-Pedic class action lawsuit originated in October 2013 with a group of claimants led by plaintiffs Melody and Alvin Todd.
The Todds claim that in choosing to buy a Tempur-Pedic mattress, they relied on advertisements that said the mattresses were “formaldehyde free,” “free of harmful VOCs,” “allergen and dustmite resistant,” “hypoallergenic,” and with a “completely harmless” odor. They attribute these advertisements to defendant Tempur-Sealy.
Plaintiffs allege the defendant’s own product testing revealed that its mattresses outgassed formaldehyde and other VOCs, or volatile organic compounds.
Customer complaints allegedly reported not just an odor coming from the mattresses but also corresponding symptoms like “headache, nausea, asthma, eye and throat irritation, and allergic reactions,” the plaintiffs say.
The proposed Tempur-Pedic class action lawsuit raises 23 different claims, including misrepresentation and unjust enrichment, under the laws of 11 different states.
Judge Tigar dismissed an earlier unjust enrichment claim under Kentucky law that would have applied to a proposed nationwide unjust enrichment Class.
Had the proposed Class been certified, it would have included all persons who purchased, not for resale, a Tempur-Pedic mattress or pillow within California, Illinois, Maryland, Massachusetts, Missouri, New Jersey, New Mexico, New York, Wisconsin or Washington between Jan. 1, 2006 and Dec. 31, 2013.
The plaintiffs are represented by attorneys Gary K. Shipman, William G. Wright and Angelique Adams of Shipman & Wright LLP, John Simon and Anthony Simon of Simon Law Firm PC, Michael McShane and Jonas P. Mann of Audet & Partners LLP, and Allen M. Stewart and Stephanie Brooks Sherman of Allen Stewart PC.
The Tempur-Pedic False Advertising Class Action Lawsuit is Todd, et al. v. Tempur-Sealy International Inc., Case No. 3:13-cv-04984, in the U.S. District Court for the Northern District of California.
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23 thoughts onTempur-Pedic Mattress Consumers Denied Class Certification
So let the buyer beware. I have a Tempur-Pedic base purchased in 2012 that had a 20 year warranty. But Tempur-Pedic sold the model off to Reverie who does not respond for weeks then tells you that the FIRE you had in the electrical system that smoldered inside the bed burning it from the inside out is not covered under 20-year warranty. When you call Tempurpedic about the issue they tell you there is nothing they can do. Reverie says because they’ve never seen it, it must not have happened. Well here is the proof of an internal fire/smoldering electrical issue. Looks like it’s good riddance to a horrible product that could’ve burned my entire house down.
I have Experienced the same damn symptoms! My skin is red and itchy after waking up, my eyes are blood shot and I didnt Know until I was Told by a friend about my mattress having fiber glass. I recently Removed the cover to wash it since I just moved and wanted to wash everything. No warning labels of any reporting this problem if removing the cover. I’ve showered. I’ve vacuumed but nothing helps I’m in so much discomfort all over which has seemed to spread into the air, this is a nightmare; I now Have shortness of breathe and can’t stop itching but the headaches do not go away and my throat hurts bad! Who the hell puts fiber glass or glass of any sort on any type of furniture people lay on! What do I do! I really feel like I’m slowly dying and want to tear my skin off ! I can’t breath and feel it’s in my mouth and everywhere
We bought the tempur-pedic bed in 2016, at the time we were told that was the best option for my back pain, however after months of sleeping on in, I started to feel worse. Seems like the mattress was losing its form where we sleep and therefore we couldn’t move anywhere else because we were automatically moved back to that hole.
After months I suffered body Aches and my doctor ran all kinds of test and couldn’t find anything wrong with me. I was miserable and finally they diagnosed me with fribromyalgia. Basically the disease for inexplicable pain. I was put on lyrica a nasty medicine and after three months I didn’t want to take it anymore and I was feeling worse. Finally I decided to sleep on a different bed with a firm mattress a d I got a lot better, but the damage was done. Now I don’t feel as bad, but the lower back pain (that I didn’t have before we buy the mattress) is constantly bother me.
We paid closed to $6000 for a bed and I don’t think is fair for them to advertise a benefit when in reality is causing permanent damage to people.
We bought a tempur pedic mattress and is causing rashes on my wife’s body all over. We want to return the mattress and tempur pedic says they need a doctors note. I hope I’d searched for this earlier.
my girlfriend and her friend bought tempur pedic. Both of them got skin allergies all over their bodies. At first I didn’t believe tempur pedic was the one causing allergies until her friend says the same thing is happening to her. Now I’m returning or exchanging this mattress for something else but everyone is closed at the moment due to Covid. Hopefully they will OK with us exchanging the mattress.
My daughter died in June of 2013 from metastatic cancer after sleeping on a Tempurpedic mattress for 20 years.
All polyurethane products give off gases for many, many years after they are produced no matter what form they take whether it be flooring, mattresses, insulation, etc.
Before you buy any product produced from a man made chemical, do your research and ask a lot of questions or your lives and health will be at risk.
She was only 42 and a beautiful human being.
I too have mold on my Cloud Mattress, took cover off to wash an found a shoking surprise..
I just lifted my tempurpedic to clean under the bed and MOLD! On the bottom middle spreading out. No wonder my family has been sick!
I too have mold on my Cloud Mattress, took cover off to wash an found a shoking surprise..
My cloud is hot. Kills my sleep. Love it in the winter but omg the summers kill me. The salesmen said it was warm use the cooling sheets 15 sheet sets 2 cooling toppers cooling pads. I could have bought another bed. It’s not warm it’s hot as he’ll. I want help. Over$4000 for this bed. Help