KitchenAid Stand Mixer Horsepower Class Action Settlement

Whirlpool Corporation has agreed to settle a class action lawsuit over allegations it overstated the horsepower of some of its KitchenAid brand stand mixers in violation of consumer protection laws and express written warranties. The class action settlement covers 6-quart, 7-quart and 8-quart KitchenAid stand mixers manufactured by Whirlpool that were marketed with a horsepower designation.

The KitchenAid mixer class action lawsuit alleged Whirlpool violated the Florida Deceptive and Unfair Trade Practices Act, breach of warranty and violation of consumer protection statutes based on the alleged misrepresentation. The plaintiff argued that Whirlpool’s notation of “1.3HP” on the KitchenAid stand mixers and their marketing materials was misleading because the mixers don’t operate at 1.3 horsepower.

Whirlpool has denied the allegation and asserts the KitchenAid mixers operate at 1.3 horsepower, but agreed to settle the class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

Who’s Eligible

Class Members of the KitchenAid stand mixer class action settlement include anyone in the United States and its territories who, before June 18, 2014, either purchased a mixer, received a mixer as a gift, or acquired possession of a mixer through other lawful means.

Potential Award

The KitchenAid mixer class action settlement does not provide any cash benefits to Class Members. However, Whirlpool has agreed to provide a number of other benefits:

1. Whirlpool will change its records to extend the written warranty for the mixers for two years beyond its original written term;
2. Whirlpool will update its website to more accurately reflect the horsepower of its KitchenAid mixers;
3. Whirlpool will include the more accurate information about the horsepower of its KitchenAid mixers on the packaging and marketing materials of the stand mixers.

The language that will be included in Whirlpool’s marketing and packaging will be materially consistent to the following statement:

“Motor horsepower for our mixer motors was measured using a dynamometer, a machine laboratories routinely use to measure the mechanical power of motors. Our 1.3 horsepower (HP) motor reference reflects the horsepower rating of the motor itself and not the mixer’s horsepower output to the mixer bowl. This robust motor, the backbone of our new mixer, delivers .44 HP to the bowl enabling your mixer to deliver consistent power to small and large loads with less heat build-up; resulting in years of dependable mixing. When combined with and guided by our new advanced motor control board, this is our longest lasting and most efficient motor yet. Simply put, our new, highly efficient, special purpose motor delivers the power you need when you need it.”

Proof of Purchase

N/A. Class Members who have not excluded themselves from the KitchenAid mixer class action settlement will automatically receive the benefits mentioned above.

Claim Form Deadline

N/A

Case Name

Stuart Bornstein v. Whirlpool Corporation, Case No. 12-1532 CA 42, in the Circuit Court for the 11th Judicial District in and for Miami-Dade County, Florida

Final Hearing

11/13/2014

Settlement Website

www.MixerSettlement.com [UPDATE: This website is no longer active. The settlement is closed.]

Claims Administrator

Bornstein v. Whirlpool Settlement Administrator
P.O. Box 43281
Providence, RI 02940-3281

Class Counsel

Jon Herskowitz
BARON & HERSKOWITZ

Defense Counsel

Michael T. Williams
Andrew M. Unthank
WHEELER TRIGG O’DONNELL LLP