Foogo Thermos Class Action Settlement Benefits in Mail

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Consumers who bought supposedly “leak proof” Foogo reusable drinking bottles manufactured by Thermos LLC have begun receiving replacement Foogo bottles and other settlement benefits in the mail as part of a recent class action settlement.

As of Sept. 17, TCA viewers have reported receiving their replacement water bottles from Foogo; other qualifying Class Members of the Foogo Thermos false advertising class action settlement should expect to soon receive their settlement benefits in the mail soon.

This Foogo Thermos class action settlement stems from a false advertising class action lawsuit alleging that the Thermos “leak proof” Foogo bottles manufactured and marketed for use by young children are in fact prone to leaking.

Plaintiffs Jenny Milman Ellen Thomas filed this Foogo Thermos false advertising class action lawsuit in October 2013, alleging that both the Foogo stainless steel vacuum-insulated straw bottle and the plastic straw bottle do not perform as advertised.

According to the false advertising class action lawsuit, Milman and Thomas claim Thermos violated the New Jersey Consumer Fraud Act and New York business law, as well as committed breach of express warranty and unjust enrichment with regards to their Foogo Thermos reusable water bottles.

During the course of the litigation, Thermos agreed to a Foogo false advertising class action settlement with the plaintiffs and the consumer Class. The company denies all allegations brought against them in this Foogo class action lawsuit, but have agreed to settle in order to avoid a long, drawn-out legal battle and future court and attorney costs.

As part of the Foogo Thermos class action settlement agreement, the company has agreed to pay $675,000 to establish a settlement fund that will provide certain benefits to eligible Class Members, including the replacement Foogo water bottle product featured above.

There are three levels of settlement benefits according to the Foogo Thermos false advertising class action settlement:

• Option A allows Class Members who cannot provide proof of purchase a one-time cash payment of $4.50 or $8.50, depending on which Foogo product they purchased.
• Option B allows Class Members who cannot provide proof of purchase to receive a new Foogo Vacuum Bottle or a new Foogo Plastic Bottle.
• Option C allows Class Members with proof of purchase such as a sales receipt to receive a one-time cash payment equal to full refund for the price of the allegedly defective Foogo Vacuum of Plastic water bottle. Alternatively, Class Members who have proof of purchase may also opt for Option B.

Based on the details above, the plaintiffs and the defending company found the terms of the Foogo class action settlement to be fair and adequate. The deadline to file a claim for the Foogo settlement passed on June 22, 2015.

Class Members who bought Foogo stainless steel vacuum-insulated straw bottles or Foogo plastic straw bottles during the Class Period beginning in Jan. 1, 2007 and ending in Dec. 23, 2014 and submitted a claim may soon be receiving their Foogo false advertising class action settlement benefits in the mail soon.

Congratulations to all our viewers who filed valid claims and received benefits from the Foogo class action settlement!If you missed out, sign up for our free newsletter to receive updates on new class action lawsuits and settlements. You can also check out which class action settlements are still accepting claims in our Open Class Action Settlements section.

The Foogo Class Action Lawsuit is Jenny Milman, et al. v. Thermos LLC, Case No. 1:13-cv-07750, in the U.S. District Court for the Northern District of Illinois, the Eastern Division.