Contigo Class Action Says Water Bottle Recall Isn’t Enough

A class action lawsuit says the recent recall of Contigo Kids Cleanable Water Bottles is insufficient to compensate consumers for damage done by the water bottles’ defects.

The Contigo water bottle class action lawsuit was filed by Dominique Mirza against Ignite USA, makers of the water bottle.

She says she purchased two stainless steel Contigo Kids Cleanable Water Bottles from a Target store in Pennsylvania. Allegedly, both water bottles were defective, and posed a choking hazard.

The Contigo water bottle class action claims the plaintiff was injured not only by the defect, but by Ignite’s recall of the device because it does not sufficiently compensate her for damages done by the water bottle.

Mirza states that she was financially injured by the water bottles’ defect because she would not have purchased them had she known they were defective.

According to the Consumer Product Safety Commission, the silicone spout can detach from the water bottle, and poses a severe choking hazard to children.

The Contigo kids water bottle class action lawsuit goes on to say that the plaintiff has been deprived of the use and enjoyment of the Contigo bottles, because she had to stop using the water bottles out of fear for her children’s safety.

The Contigo choking hazard class action lawsuit notes that Ignite acknowledged that the Kids Cleanable Water Bottles are defective and pose a choking hazard, and has addressed the situation by recalling the devices.

However, Mirza asserts that the recall was insufficient to compensate customers like her for the damage they suffered because of the defect. Allegedly, the recall would provide a replacement water bottle lid to customers who had purchased a defective water bottle.

Mirza asserts that this does not compensate her in full because it doesn’t compensate for the lost use of the water bottle during the time when she will have to wait for the new lid.

The Contigo class account lawsuit asserts that the recall was designed so that Ignite could “retain as much of its unlawful profits as possible while also providing as little benefit to purchasers as possible.”

The Contigo choking hazard class action lawsuit goes on to note that the recall provides minimal notice to Class Members, in an attempt to minimize the number of customers who would make a claim for remedy.

Ignite does not reportedly notify known purchasers directly. Allegedly, many companies through which Ignite sells the water bottles do not mention the recall on their website, and if it is mentioned, it is mentioned inconspicuously.

“Thus, notice of the recall fails to reach the hundreds of thousands – if not millions – of consumers who purchased Defendant’s Products from various third-party retailers,” the Contigo water bottle class action states.

Mirza seeks to represent two classes of consumers — a class of consumers around the country who purchased Contigo Kids Cleanable Water Bottles that were subject to the recall instituted on Aug. 27, 2019, and a subclass of customers who purchased the water bottles in Pennsylvania.

Mirza seeks damages on behalf of herself and all similarly affected customers.

Mirza is represented by Katrina Carrol of Carlson Lynch LLP, and by Scott A. Bursor and Alec M. Leslie of Bursor & Fisher PA.

The Contigo Choking Hazard Insufficient Recall Class Action Lawsuit is Dominique Mirza v. Ignite USA LLC, Case No. 1:19-cv-05836, in the U.S. District Court for the Northern District of Illinois.

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