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Baby products manufacturer Artsana encouraged parents to buy booster seats for their kids as early as possible, even though it’s safer to keep small children in car seats with harnesses, a new nationwide class action lawsuit alleges.
The class action lawsuit was filed Thursday in a federal court in Pennsylvania, where five plaintiffs accused Artsana, which makes products under the brand Chicco, of marketing booster seats to parents in an effort to ramp up their sales in a competitive and “tremendously lucrative” market.
“Booster seats, which use a car’s own seat belt system to restrain a child, provide less protection in a motor vehicle collision than car seats with harnesses,” the class action states.
“Nonetheless, manufacturers, eager to increase their sales, have engaged in marketing designed to encourage parents to move their children from car seats to booster seats as early as possible notwithstanding unanimous safety recommendations.”
The class action says that, until the end of 2020, Artsana consistently assured parents that its booster seats were safe for children weighing as little as 30 pounds in order to boost its sales.
The National Highway Traffic Safety Administration has long warned against using booster seats for children weighing less than 40 pounds, saying it can endanger those children. A 2009 report on the issue found that parents should use seats that have an internal five-point harness until their child reaches forty pounds.
In fact, in the last decade, experts have agreed children should remain in harnessed car seats until they reach the maximum weight for that car seat, which is usually 65 to 90 pounds, the class action says.
“Simply put, Artsana’s booster seats do not appreciably reduce the risk of serious injury or death from side-impact collisions, its testing does not show that the booster seats are safe in a side-impact collision, and the booster seats are not safe for children under 40 pounds,” the class action states.
It alleges that in an effort to achieve maximum profits in a fiercely competitive market Artsana deceived parents with false and misleading marketing into believing they can safely move their children from car seats with harnesses to a booster seat when their child weighed as little as 30 pounds.
It also made parents think they could move their children to a booster seat without fear of motor vehicle collisions, and that it has superior safety technology with a higher market value.
“Booster seat manufacturers, including Artsana, have for years exploited legitimate fears of side-impact collisions.”
Consumers Mashayila Sayers, Brittney Tinker, Jennifer Monachino, Kimberly Mullins, and Hilda Michelle Murphree are looking to represent a nationwide Class of consumers who bought the Artsana booster seat, as well as subclasses from Colorado, Illinois, Florida, Maryland and Texas.
The class action is suing for breach of warranty and consumer protection laws, unjust enrichment, and under state consumer and warranty laws.
Despite many booster seat manufacturers stating their seats are side-impact tested and safe for children who weigh less than 40 pounds, a congressional subcommittee recently took serious issue with both claims. Read more about the concerns here.
The class action is the latest in a series of complaints filed against manufacturers of booster seats for children. In March, two moms filed a class action lawsuit against Baby Trend, Inc. alleging they bought booster seats from the company believing they were safe for kids as light as 30 pounds due to the seats’ packaging.
Have you purchased a booster seat from Artsana or another manufacturer? Let us know the comment section below.
The plaintiffs are represented by Arthur Stock, Jonathan B. Cohen, Martha A. Geer and Sarah J. Spangenburg of Greg Coleman Law PC.
The Artsana Booster Seat Class Action Lawsuit is Mashayila Sayers et al., v. Artsana USA Inc., Case No. not available, in the U.S. District Court Eastern District of Pennsylvania.
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39 thoughts onParents’ Fears Exploited to Push Sales of Unnecessary Chicco Booster Seats, Class Action Alleges
Please add me I bought when my son was 32 pounds
I purchased two seats for my daughter due to the fact my daughter needs a seat in both her and her husband car.Please add me
Add me
Add me
Add me please