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Update:
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This class action lawsuit was dismissed May 31, 2022.
Beware Cuisinart AirFryer owners, these devices may fry more than just your food.
Plaintiff Michelle Gonsalves is demanding a nationwide recall in a new class action lawsuit after a Cuisinart Digital AirFryer Toaster Oven allegedly scorched her kitchen’s marble backsplash last year even though she followed the product’s instructions and used it as it was intended.
The California consumer claims Cuisinart fails to warn buyers that the AirFryer lacks the needed shielding on the top and back of the units to prevent burn damage.
Gonsalves explains the damage happened after following the AirFryer’s instructions to keep the unit at least two inches from a wall.
“Millions of [Cuisinart] AirFryers emanate excessive heat behind and on top of the units, causing damage to the area where they are operated and to the owners themselves,” the air fryer class action lawsuit explains.
Gonsalves says she reached out to Cuisinart about the damage and the company only offered to replace her air fryer and not to repair the damage to her marble backsplash. She alleges Cuisinart’s misrepresentations that the air fryers are safe for countertops has deceived and harmed those who’ve purchased them.
Cuisinart “actively misrepresented and concealed the true character, quality, and nature of the AirFryers,” she said in the Cuisinart class action lawsuit. She also alleges that the company “had actual knowledge that they contained defects and created an unreasonable risk of injury and property damage” before introducing the air fryer to the market.
The class action lawsuit is seeking to represent a nationwide class of people who’ve purchased Cuisinart’s Digital AirFryer Toaster Ovens Model Number TOA-65 and is forming a subclass from California.
Gonsalves is seeking restitution, disgorgement, and other equitable relief in the class action lawsuit, and also wants Cuisinart to disclose the alleged defect or have them replaced. In addition, she is calling for a national recall of the Cuisinart AirFryers and wants official warnings issued about the potential burn risks.
The class action lawsuit is accusing Conair Corporation, Cuisinart’s parent company, of unjust enrichment and fraudulent concealment. The California subclass is invoking violations of the Consumer Legal Remedies Act, unfair competition laws, and the Song-Beverly Consumer Warranty Act.
Top Class Actions is tracking litigation surrounding products like the Cuisinart AirFryer to keep consumers better informed.
Two years ago, Cuisinart’s pressure cookers were the subject of a class action lawsuit alleging that a defect caused some of them to explode in kitchens. Plaintiffs reported being burned in the incidents.
Do you own a Cuisinart Digital AirFryer? Have you experienced some of the burning issues described in this class action lawsuit? Let us know in the comments below.
Counsel representing the plaintiffs in this class action lawsuit are Robert M. Plaintiff and Richard A. Crites of The Plaintiff Law Firm, Apc and The Crites Law Firm.
The AirFryer Class Action Lawsuit is GONSALVES, et al. v. CONAIR CORPORATION, Case No. 8:21-cv-00138 in the U.S. District Court for the Central District of California, Southern Division.
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176 thoughts onCuisinart AirFryer Damages Property, Class Action Lawsuit Claims
My TOA 60 has caught fire and burned my outlet, and scorched the area. Around the outlet, and the outlet and air fryer.The Cuisinart air fryer/ toaster could have caused a major fire if I was not in the kitchen. Please replace the air fryer with a safe model, and compensate me for the damage done to the wall and outlet.
My airfryer scorched the tile backsplash in my kitchen. To date, Cuisinart has sent me payment for the oven but hasn’t agreed to fix my tile. I sent another email today asking for compensation.
We also followed the directions and now have a brown stain on our granite black splash where it burned it.
My cuisinart air fryer and toaster stained my brand new marble backsplash and grout – looks like it had a fire back there- and it won’t come off.
My cuisinart air fryer and toaster stained my brand new marble backsplash and grout – looks like it had a fire back there- and it won’t come off.
My Cuisinart TOA-60 has also burned the marble backsplash even though it sits on the counter as directed. Please let me know next steps. Thank you.