DOJ Says Tristar Pressure Cooker Coupon Settlement ‘Worthless’

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A Tristar pressure cooker class action settlement is facing pushback from the U.S. Department of Justice (DOJ) that says Class Members get nothing of value from the deal.

In its brief, the DOJ contends that the value of a $72.50 credit toward a new purchase only reflects a portion of its cost.

Under the terms of the settlement, Class Members would have to pay the price difference, along with shipping and handling of the new product.

“While restrictive coupons often provide little value to the class, they do create the illusion of a substantial expenditure, which the defendant and class counsel can then use to justify substantial attorney’s fees,” contends the DOJ in its brief to the Sixth Circuit Court of Appeals.

“But 3.2 million potential $72.50 discounts are plainly not worth their face value of $232,000,000 or anything remotely close to it, just as a newspaper’s coupon page is hardly worth hundreds of dollars.”

Further, points out the agency, the credits claimed by Class Members are set to expire within 90 days

The maker of the Tristar pressure cooker was hit with a class action lawsuit over allegations that a design defect leads to cooking explosions. The defect allegedly causes the device to explode when consumers open the device, leading to horrific burns and other injuries.

The proposed Class was certified by a federal judge in 2017.

The plaintiffs, consumers from Colorado, Ohio, and Pennsylvania, were seeking a full refund for their Tristar pressure cooker, sold for between $110 and $160, but the parties entered into a class action settlement in 2018.

Under the terms of the Tristar pressure cooker class action settlement, Class Members could claim up to $72.50 in credit toward the purchase of a new product, including either a power cooker, power air fryer, or an induction cooktop set.

To participate in the class action settlement, Class Members were required to either submit an identification number from their mailed notice or proof of purchase of the Tristar pressure cooker. Class Members were also required to watch a three-minute video about pressure cooker safety.

While the class action settlement received final approval from the federal court on Aug. 3, 2018, an appeal was filed by the DOJ shortly after on Sept. 6, 2018.

The appeal argued that the coupon provided in the settlement did not provide much value to Class Members, but garnered class counsel nearly $2 million in fees.

In addition to attorneys’ fees, the class action settlement provided the lead plaintiffs with awards between $6,000 and $7,500, along with a $25,000 award for their personal injury claims.

The plaintiffs are represented by Gregory F. Coleman, Adam A. Edwards, Mark E. Silvey and Lisa A. White of Greg Coleman Law PC, Jack Landskroner and Drew Legando of Landskroner Grieco Merriman LLC, Edward A. Wallace and Tyler J. Story of Wexler Wallace LLP, Shanon J. Carson and Arthur Stock of Berger & Montague PC and Todd M. Friedman, Meghan George and David B. Levin of the Law Office of Todd M. Friedman PC.

The Tristar Pressure Cooker Class Action Lawsuit is Chapman, et al. v. Tristar Products Inc., Case No. 18-3847, in the U.S. Court of Appeals for the Sixth Circuit.