Kia Class Action Claims Vermin Attracted to Soy-Based Components

Car maker Kia Motors America Inc. has been hit with a class action lawsuit alleging the soy-based materials used in certain vehicle models is attractive to vermin and leads to damage.

Lead plaintiffs Darla Campbell, Tristin Hibler, and Michael Leppert claim in their class action lawsuit that the soy-based materials Kia uses in some vehicles is defective because it attracts vermin who chew through the components and damage the autos.

Affected vehicles include model year 2012-2017 Kia Soul, Sorrento, Sedona, Sportage, Forte, Cadenza, Optima and Rio.

The plaintiffs say they paid out of pocket to repair damage caused by vermin chewing soy-based materials in their Kias, including wiring. They claim Kia refused to cover the repairs under their warranty and it cost them and members of the proposed Class hundreds and even thousands of dollars for the repairs.

“[T]he Class Vehicles all contain the same Defect, as the wiring and certain engine-related components are composed of soy-based materials, which attract animals that chew through the wires and engine-related components. As a result, the Class Vehicles are repeatedly damaged, disabled, and rendered unsafe and in a condition such that they do not function properly,” alleges the Kia class action lawsuit.

According to the class action lawsuit, Kia has been aware of the defective soy-based material in the vehicles because of complaints filed by consumers with dealers and the auto company itself, along with complaints filed with the National Highway Traffic Safety Administration (NHTSA).

“Despite their knowledge, Defendants have failed to disclose the existence of the Defect to consumers or to provide remedies that can reduce or eliminate this unsafe and economically burdensome problem,” allege the plaintiffs.

The plaintiffs say that Kia has so far refused to pay for any vermin related repairs to the vehicles, effectively turning the defect into a “profit center.”

“[W]hen presented with an opportunity to repair a Vehicle, Kia denies the existence of the Defect, refuses to cover the necessary repairs under the Vehicle’s new vehicle warranty, and merely removes the chewed soy-based materials and installs identically defective soy-based materials – while charging members of the Classes thousands of dollars for these ‘repairs,’” allege the class action plaintiffs.

Further, the Kia class action claims the defect presents a safety concern because of potential damage by vermin to airbags and other safety features of the vehicles.

The plaintiffs seek to represent a California, Texas and New Jersey Class of affected Kia vehicle owners. They claim that Kia has breached its warranty to consumers, along with violating various consumer protection laws in each state.

The plaintiffs are seeking damages as well as a court order requiring Kia to stop using the allegedly defective soy-based materials and to warn customers about the potential vermin infestations in their cars.

The Kia car owners are represented by Kolin C. Tang, James C. Shah and Natalie Finkelman Bennett of Shepherd Finkelman Miller & Shah LLP; Jeffrey Goldenberg and Todd Naylor of Goldenberg Schneider LPA and Robert W. Murphy.

The Kia Vermin Infestation Class Action Lawsuit is Campbell, et al. v. Kia Motors America Inc., et al., Case No. 8:17-cv-01272, in the U.S. District Court for the Central District of California.

UPDATE: The Kia Vermin Infestation Class Action Lawsuit was voluntarily dismissed on November 9, 2017.