Cupkin lead class action lawsuit overview:
- Who: Joesette Johnson filed a class action lawsuit against Soojimus LLC.
- Why: Johnson claims Soojimus manufactured and sold Cupkin branded stainless steel children’s cups containing lead.
- Where: The class action lawsuit was filed in South Carolina federal court.
The manufacturer of Cupkin stainless steel children’s cups failed to disclose that their products contain lead, a new class action lawsuit alleges.
Plaintiff Joesette Johnson’s class action lawsuit claims Soojimus sold 8- and 12-ounce models of Cupkin double-walled stainless steel children’s cups it allegedly misrepresented as safe and effective “for their intended use as drinkware.”
Johnson argues the Cupkin cups were defective and could poison consumers due to an alleged risk of lead poisoning and that Soojimus failed to disclose on the product’s packaging that it could “poison the user.”
“Plaintiff purchased the Product, while lacking the knowledge that Product could poison those who use the product, thus causing serious harm to those who use such Products,” the Cupkin class action states.
Johnson wants to represent a nationwide class and South Carolina subclass of consumers who purchased a 8- or 12-ounce models of Cupkin double-walled stainless steel children’s cups within the applicable statute of limitations.
2023 recall issued for Cupkin stainless steel children’s cups over lead concerns
Soojimus issued a recall for the Cupkin brand stainless steel children’s cups in July 2023 over concerns they contained levels of lead exceeding the federal lead content ban, according to the class action.
Johnson, meanwhile, argues she purchased the Cupkin stainless steel children’s cups under the presumption that they were safe and thus was injured as a result of the product being “worthless and dangerous.”
“If Plaintiff had been aware of the risk of poisoning in the Products, she would not have purchased the Products, or would have paid significantly less,” the Cupkin class action states.
Johnson claims Soojimus is guilty of negligence, negligent design defect, negligent failure to warn, fraudulent concealment, unjust enrichment and breach of express warranty, among other things.
The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory, statutory and punitive damages for herself and all class members.
The Cupkin children’s cup recall involved more than 340,000 cups and called for consumers to stop using the cups immediately and to take them away from children.
Have you purchased a Cupkin double-walled stainless steel children’s cup? Let us know in the comments.
The plaintiffs are represented by Paul J. Doolittle and Blake G. Abbott of Poulin Willey Anastopoulo LLC.
The Cupkin stainless steel cups class action lawsuit is Johnson v. Soojimus LLC, Case No. 1:24-cv-01144, in the U.S. District Court for the District of South Carolina.
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