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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 me to lawsuit , my airfryer caught on fire too ! Cuisinart AirFryer Toaster Oven – Stainless Steel – TOA-60TG
My Cuisinart Air Fryer has done the same thing. I have pulled it even further back from the wall . It still gets so hot and now has melted the plug that the plug prongs fell out. I called the company and they told me there was no problems with the units. Now I now there is.
Backsplash and underneath the cabinet are burnt.
I have the Cuisinart TOA-60. First the toast function stopped working, then a week later it completely stopped working altogether. We unplugged the unit to find the plug was hot to the touch and melted. The plug melted the power outlet and scorched our backslash.
I had a issue with a melted plug.
We have cuisinart air fryer #4H03 D/C 3620 and model # TOA-60. It has side and back vents, however, nothing comes out of the side vents and all heat,etc comes through the back vents. My back tile was covered in grease and of course also stained it is shades of white, and the grout is basically destroyed around the tile. I have no interest in a replacement, Cusiinart has proven itself unsafe and unworthy and willing to risk the safety of our homes for the sake of your sales. I want compensation so that my tile can be replaced, because it cannot be repaired.
Yes, it scorched our backsplash.
My TOA-65 also burned my marble backsplash. It was kept at least 6 inches away from wall.
Mine cuisinart air fryer sits kiddie corner on my counter, it is at least 11 inches from my marble backsplash. It has scorched the tile and underneath the cabinet.
It scorched my marble backsplash and underneath cabinet.