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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
Please add my name, but mine is not digital-the plug is melted and my marble wall stained.
Melted plug and outlet
ToA60 same issue. Backsplash marble is burned. I still have my unit and the back of the unit has the same burn marks as my marble. Cuisinart has said they will respond to my claim but still haven’t heard from them.
I’ve had the same issue with the TOA-60. I just remodeled my kitchen 7 months ago and now have a huge burn area on the backsplash tile. My oven sits 8 inches from the tile, several inches more than the recommended 2-3 inches by Cuisinart.
Please add me to lawsuit , my airfryer caught on fire too
I was never added. What’s the status?
Add me please. It melted the plug to the machine and warped the back of the wall. And let’s the skin off my upper cabinets. They sent me a replacement and said to keep it scooted or a little more from the wall.
Yes, add me. It melted a plug and scorched the backsplash tile.
JL
Cuisinart replaced my TOA-60 after the plug melted. I just happened to find this class action today.
I have the same issue with my TOA-65 Cuisinart Air fryer that I bought in 2018. The plug is melted and the backsplash is burned. And last night it won’t start anymore. I will join the class action suit.