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PARIS, FRANCE - JAN 28, 2016: Amazon logotype printed on cardboard box side, seen from above on a wooden floor. Amazon Inc is the an American electronic e-commerce companyTwo South Carolina residents say Amazon eclipse glasses are defective in a way that puts users in danger of eye damage.

Plaintiffs Thomas Corey Payne and Kayla Harris say the eclipse-viewing glasses sold by Amazon are defective and unfit for their intended purpose, putting users at risk for serious eye damage.

Amazon sold the glasses at issue in advance of the solar eclipse that crossed North America on Aug. 21. According to Payne and Harris, viewing the eclipse through these Amazon eclipse glasses caused them headaches and temporary vision loss and impairment.

Looking directly at an eclipse without adequately protective eyewear can cause permanent retinal damage, known as solar retinopathy. The symptoms of solar retinopathy may not begin until several hours after exposure.

Ordinary sunglasses don’t filter enough light to prevent solar retinopathy. For that reason, the recent eclipse triggered a boom in the market for temporary eclipse glasses.

Tennessee-based manufacturer American Paper Optics projected it would make and sell 100 million pairs of eclipse glasses, about 10 million of which were sold to Amazon, the plaintiffs say.

According to Payne and Harris, safe viewing of an eclipse requires special purpose solar filters that meet a standard known as ISO 12312-2. But Amazon eclipse glasses apparently do not meet this standard, the plaintiffs say.

They claim Amazon knew what standard was required for safe eclipse viewing, yet still marketed these inadequate Amazon eclipse glasses anyway, knowing they would put users at risk for eye damage.

Amazon attempted to recall these Amazon eclipse glasses in an email announcement sent out Aug. 19, two days before the eclipse. The email stated that the supplier of Amazon eclipse glasses could not confirm that they were produced by a recommended manufacturer. Amazon recommended that people not use the glasses to view the eclipse.

The plaintiffs say this recall announcement was “tragically too little, too late.” Despite the allegedly inadequate email announcement, plaintiffs and their proposed Class Members still used these Amazon eclipse glasses to view the eclipse, exposing themselves to eye damage.

Payne says he bought a three-pack of eclipse glasses from Amazon on Aug. 1. He and Harris, his fiancée, say they never got notice of the Amazon eclipse glasses recall before they used these glasses to watch the eclipse.

A few hours later, Payne and Harris say they began to experience pain, eye watering, and visual distortions. Members of the proposed Class have experienced “varying degrees of eye injury ranging from temporary discomfort to permanent blindness,” they claim.

Payne and Harris’s proposed nationwide Class consists of all persons in the U.S. who purchased unsafe Amazon eclipse glasses from Amazon.com prior to Aug. 21, 2017.

They seek an award of damages and restitution, and a court order barring Amazon from continuing the allegedly unlawful marketing of Amazon eclipse glasses.

Counsel for the plaintiffs are James L. Ward, Jr. of McGowan Hood & Felder LLC, Jasper D. Ward IV and Ashton Rose Smith of Jones Ward PLC, Steven W. Teppler of Abbott Law Group PA, Kevin S. Hannon of The Hannon Law Firm LLC, and Jean Sutton Martin of Law Office of Jean Sutton Martin PLLC.

The Defective Amazon Eclipse Glasses Class Action Lawsuit is Payne and Harris v. Amazon.com Inc., Case No. 2:17-cv-02313, in the U.S. District Court for the District of South Carolina.

UPDATE: On Oct. 17, 2017, Amazon asked a South Carolina federal judge to dismiss a putative class action lawsuit over the allegedly defective solar eclipse glasses sold by the retailer, arguing that the plaintiffs are bound by an arbitration clause they agreed to when purchasing the glasses.

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40 thoughts onAmazon Class Action Says Eclipse Glasses Recall ‘Too Little, Too Late’

  1. Tia says:

    My daughter used them at school and is partially blind in both eyes. Know goes to vision therapy for it.

  2. Ike Hammond says:

    I have left my comment. My eyes watery, at times I can’t hardly see include me in class action suit!

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  3. Ike Hammond says:

    I bought 2 pair of them glasses, my problem is my eyes get watery, at times and I can’t hardly see! So please include me in this class action suit!

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