Britax Lured Parents Into ‘False Sense of Security’ With Booster Seat Marketing, Class Action Lawsuit Claims

A leading manufacturer of car seats for kids tricks parents into believing its product has a superior safety quality to increase its bottom line, a new nationwide class action alleges.

In a lawsuit filed Friday in the District of South Carolina (Rock Hill Division), moms Tiffany Coleman and Keli Swann allege Britax Child Safety has been engaging in false and misleading representations by marketing its booster seats as having the best protection from side-impact crashes.

It is the latest in a series of class action lawsuits taking aim at the safety of booster seats and the ways in which manufacturers market them. 

Lawyers working with Top Class Actions in a booster seat class action lawsuit investigation want to hear from consumers who purchased booster seats manufactured by Artsana (Chicco), Baby Trend, Britax, and Dorel (Maxi-Cosi and Safety 1st). Click here for more information.

In Friday’s lawsuit, the moms say the seats are marketed as being “side impact tested” and ensuring kids are “surrounded in safety” when, in fact, there is no such federally regulated safety test.

“Given the absence of any such standard or test, Defendant created its own test… with no basis in safety or science – and then proceeded to proclaim that its Booster Seats are ‘side impact tested’,” the lawsuit alleges.

The class action lawsuit alleges Britax’s test focused on whether the seats kept the children in place, not whether they risked injury or death. It then tried to claim it was superior to other brands, by naming itself “Britax Child Safety, Inc.” and “anointing itself as the “#1 brand in safety technology,” the lawsuit claims. 

Coleman said she bought two $159.99 booster seats from Britax for her six and nine-year-old daughters because she viewed Britax as a company that cared about safety. Swann also bought a booster for her son, saying she paid a premium for it over the other available seats.

Britax has no evidence that its seats’ side-impact protection feature provides protection for children in side-impact collisions, the lawsuit said.

“In short, in an effort to achieve maximum profits, [Britax] has deceived parents with its false and misleading marketing into believing that they can safely move their children from car seats with harnesses at an earlier stage without fear of motor vehicle collisions and that Britax has superior safety technology giving their seats a higher market value.”

The class action comes after a 10-month investigation into the seven leading booster seat manufacturers run by the U.S. House of Representatives Subcommittee on Economic and Consumer Policy. The report was published Dec. 10 2020.

The House Subcommittee reviewed thousands of previously non-public documents to conclude that booster seat manufacturers, including Britax, have “endangered the lives of millions of American children and misled consumers about the safety of booster seats by failing to conduct appropriate side-impact testing,” and then allegedly deceived customers about it. 

The House Subcommittee report said Britax’s “unsubstantiated claims” about its proprietary safety features gave consumers a false sense of security. “It is unfair and deceptive to advertise a safety feature without evidence that it improves safety,” the report said.

The booster seats are sold at major retailers across the country including Target, Walmart, Amazon and other big box stores. The lawsuit seeks to represent a nationwide Class of parents who bought a Britax booster seat between 2008 and now, as well as North Carolina and Indiana sub-classes.

The parents are suing the company under breach of warranty, fraudulent misrepresentation and concealment, unjust enrichment, negligent misrepresentation, as well as under North Carolina and Indiana state consumer laws.

The lawsuit is seeking certification of the Class, a jury trial, damages, restitution, interest and attorney’s fees.

This is not the first class action lawsuit to take aim at booster seats. After the House Subcommittee report last year, a range of lawsuits have popped up around the country against various manufacturers.

Have you purchased a booster seat believing it was the best safety choice for your child? Let us know the comment section below.

The plaintiffs are represented by Harper Todd Segui of Whitfield Bryson LLP and Gregory F. Coleman and Jonathan B. Cohen of Greg Coleman Law PC.

The Britax Booster Seat Marketing Class Action Lawsuit is Tiffany Coleman and Keli Swann et. al. v. Britax Child Safety, Case No. 0:21-cv-00721-SAL, in the United States District Court District of South Carolina (Rock Hill Division)

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