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A false advertising class action settlement was reached with Thermos LLC for allegedly claiming that its Foogo reusable drinking bottles are “leak-proof,” when they actually have a tendency to leak, according to plaintiffs. If you purchased a Foogo stainless steel vacuum-insulated straw bottle or a Foogo plastic straw bottle from Jan. 1, 2007 through Dec. 23, 2014, you may be eligible for benefits from this class action settlement.
This Thermos class action lawsuit was filed by plaintiffs Jenny Milman and Ellen Thomas in October 2013, in which they alleged that its Thermos “leak-proof” bottles made for young children “actually leak.” This class action lawsuit applies to both the stainless steel vacuum-insulated straw bottle and the plastic straw bottle, both under the Foogo label.
Milman and Thomas charged Thermos with violating the New Jersey Consumer Fraud Act, New York business law, breach of express warranty and unjust enrichment.
Both the Class Members and Thermos believe that the terms of the Foogo settlement are fair, reasonable, and adequate.
Thermos has agreed to pay $675,000 into the settlement fund. According to the terms of the Foogo class action settlement, Class Members have three options — A, B, and C — as described below.
Thermos denies any wrongdoing but agreed to the class action settlement to avoid a long and costly legal battle. The Thermos class action settlement was preliminary approved by an Illinois federal judge on Dec. 23, 2014.
Who’s Eligible
Class Members of the Foogo Thermos class action settlement include all consumers who purchased a Foogo stainless steel vacuum-insulated straw bottle or a Foogo plastic straw bottle in the United States from Jan. 1, 2007 through Dec. 23, 2014.
Potential Award
Thermos customers are eligible to receive a either a payment or replacement product according to one of three options:
- Option A does not require proof of purchase. Class Members can elect to receive a one-time estimated cash payment of $8.50 for a Foogo Vacuum Bottle or $4.50 for a Foogo Plastic Bottle. These amounts are about half the cost of the Foogo bottles, and under this option, Class Members only receive one payment, no matter how many bottles they purchased.
- Option B does not require a proof of purchase and Class Members may receive a new Foogo Vacuum Bottle, a new Vacuum Insulated 16-ounce Thermos brand Stainless King Beverage Bottle in Midnight Blue, if Class Members had purchased one or more Foogo Vacuum Bottles. If Class Members purchased one or more Foogo Plastic Bottles, they may choose from a new Foogo Plastic Bottle or a new 16-ounce Thermos brand Plastic Hydration Bottle in Teal.
- Option C requires a proof of purchase in a sufficient form to show the price and number of bottle purchased, such as a paper receipt, an electronic form or electronic receipt from an online retailer. Under this option, Class Members may choose between either a one-time cash payment for the total amount paid by the Class Member for the Foogo bottles or they may receive a replacement bottle as described in Option B — for each proof of purchase.
Proof of Purchase
No proof of purchase is required, but for additional benefits Class Members may provide a proof of purchase in the form of a sales receipt either in paper or electronic form from an online retailer showing the Foogo bottle purchased and the date of purchase.
Claim Form Deadline
06/22/2015
Case Name
Jenny Milman, et al. v. Thermos LLC, Case No. 1:13-cv-07750, in the U.S. District Court for the Northern District of Illinois, the Eastern Division.
Final Hearing
05/27/2015
Settlement Website
www.FoogoBottleSettlement.com
Claims Administrator
To mail claim:
FOOGO CLASS ACTION ADMINISTRATOR
c/o Rust Consulting, Inc.
P.O. Box 2212
Faribault, MN 55021-1612
855-225-1889
To walk claim in or to use courier:
FOOGO CLASS ACTION ADMINISTRATOR
c/o Rust Consulting, Inc.
201 S Lyndale Avenue
Faribault, MN 55021
To email claim:
info@foogobottlesettlement.com
Class Counsel
Janine Pollack
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
Lee Shalov
MCLAUGLIN & STERN LLP
Brett Zinner
ROSENBERG FORTUNA & LAITMAN LLP
Defense Counsel
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31 thoughts onFoogo Thermos False Advertising Class Action Settlement
Received post card letter today June 25, 2016 in Georgia stating they show I have not cased a check or if I had not cashed check and try to cash it, it will bounce. So please do not cash. I did cash my check. Maybe there was another that I did not know about.
received $8.50 today in MA.
I got my thermos! Cool
8.50 fl
8.50 in MN
You have some serious anger issues fool. I cant believe TCA lets a child like you run around this website speaking the way you do. Someone please report this idiot.
$8.50 today in NJ