Ikea Class Action Claims Dresser Recall Fell Short

A Minnesota couple is putting together a case against Ikea over its “woefully inadequate” recall of unstable dressers.

At issue in the Ikea class action lawsuit is the handling of the company’s recall of Malm dressers and other models, which were deemed “front-heavy, unstable and, due to their poor design, prone to tip over during normal and expected use, resulting in death and injury to many children.”

Ikea issued a voluntary recall for the items in question in June 2016 and reissued it in November 2017, admitting that “the recalled chests and dressers are unstable if they are not properly anchored to the wall, posing a serious tip-over and entrapment hazard that can result in death or injuries to children,” the Ikea class action lawsuit reports.

The announcement further stated that “consumers are entitled to a full refund for chests and dressers manufactured between January 2002 and June 2016,” the Ikea class action lawsuit notes.

However, the company’s efforts have been “woefully inadequate and ineffective,” the Ikea class action claims. “Most purchasers of the defective chests and dressers did not receive notice of the recall, as a consequence of Ikea’s decision not to contact purchasers directly by mail, email, text or other means.”

In addition, despite promising “full refunds” in both recall announcements, the company often provided gift cards for Ikea merchandise instead, the Ikea class action lawsuit states.

“Gift cards for use at Ikea did not and do not adequately compensate consumers who paid cash for the defective and dangerous chests and dressers, incurred costs in returning defective and dangerous chests and dressers to an Ikea retail location, or paid to have the furniture delivered at the time of purchase,” the Ikea class action lawsuit argues.

“Moreover, gift cards are not an adequate remedy for consumers who no longer wish to have Ikea furniture in their home, but would prefer another brand, or who have no need or desire for any Ikea product at all.”

Plaintiffs Diana and John Dukich, the parents of two young children, purchased two Malm dressers from an Ikea retail store in 2012, but claim they didn’t become aware of the recall until August 2018.

At that point, they went to their local Ikea store to return the dressers and request a refund as promised — but they were denied, according to the Ikea class action lawsuit.

“Plaintiffs had to take the defective and dangerous dressers back to their home, and have for some time kept them in their garage,” the Ikea class action lawsuit maintains.

Their experience was far from unique, the Ikea class action lawsuit states, as thousands of complaints have been posted online stating that “Ikea did not honor the terms of the recall, did not process their attempts to return the defective chests and dressers, and did not provide full cash refunds.” The filing cites numerous specific examples of such complaints.

The original recall announcement noted that about 29 million units included in the recall had been sold in the United States, the Ikea class action lawsuit reports.

And yet, “available data indicates that Ikea’s feeble recall efforts have resulted in the recall of only a paltry number of the defective and dangerous chests and dressers from the homes of American consumers.”

In fact, between the initial announcement and the 2017 reissue, the Ikea class action lawsuit says, another child’s death and 53 more injuries related to the defective furnishings were reported.

“As a result of Ikea’s failure to implement an effective recall, many or most purchasers of the defective chests and dressers did not receive any notice of the recall or the reannounced recall,” the Ikea class action lawsuit claims.

“As a result of Ikea’s failure to implement an effective recall, the defective and dangerous chests and dressers have remained in millions of consumers’ homes and have increased the likelihood of further harm to children from tip-overs of Ikea’s admittedly unsafe and unstable furniture.”

The Ikea class action lawsuit alleges violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, breach of implied warranty of merchantability, and negligence.

The plaintiffs are demanding a jury trial in hopes of recovering full cash refunds plus damages “for returning or properly disposing” of the defective goods. They also are asking that Ikea be ordered to send mail or email notifications to all customers affected by the recall.

“Ikea’s conduct was a result of deliberate policies and practices, was willful, and was carried out in reckless disregard of the health and safety of consumers and their children,” the Ikea class action lawsuit claims.

The plaintiffs are represented by Alan M. Feldman, Daniel J. Mann and Edward S. Goldis, all of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig LLP; and James A. Francis and John Soumilas of Francis Mailman Soumilas PC.

The Ikea Class Action Lawsuit is Diana Dukich and John Dukich v. Ikea US Retail LLC and Ikea North American Services LLC, Case No. 2:20-cv-02182, in the U.S. District Court for the Eastern District of Pennsylvania.

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