Christina Spicer  |  November 2, 2017

Category: Consumer News

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Vita-Mix blenderVita-Mix has reached a class action settlement over plaintiff allegations that the high-priced blenders contained defective seals that flaked bits of material into consumers’ food and drink.

Lead plaintiff Vicki Linneman alleged in her class action lawsuit that she and other consumers discovered that the allegedly defective Vita-Mix blenders deposited tiny black flecks made of polytetrafluoroethylene, a Teflon-like substance, into foods and beverages they put in the blender.

According to the class action lawsuit, Vita-Mix blenders are high-end, retailing for $400 to $700. The plaintiffs accused the makers of Vita-Mix of fraudulently concealing the defect, negligently designing the expensive blender, and breaching express warranties and contracts.

An Ohio federal judge preliminarily approved the proposed settlement on October 31.

If given final approval, consumers who purchased a household Vita-Mix blender with a blade assembly dated between Jan. 1, 2007 and Oct. 1, 2016 will be able to obtain a replacement blade and seal or a $70 gift card. Those consumers who purchased a Vita-Mix for commercial/business use (such as a chef, restaurant, institution, etc.) between Sept. 15, 2015 and Aug. 9, 2016, as well as commercial consumers who purchased from the Vita-Mix XL line on or before April 7, 2017, can claim a replacement blade and seal.

Plaintiffs’ counsel has placed an estimated value of these settlement awards to be around $300 million if all eligible Class Members submit timely and valid claims. A representative from Vita-Mix has told Top Class Actions that this figure is over-inflated, and that the value of total claims will be far less given that every eligible consumer will likely not participate.

“Based upon information provided: the class is ascertainable; it numbers in the millions, satisfying numerosity; there are common questions of law and fact, including whether the seal at issue was defective, satisfying commonality; the proposed class representatives’ claims are typical, in that they are members of the class and allege they have been damaged by the same conduct as other members of the class,” noted the judge in her order approving the class action settlement agreement.

According to settlement paperwork provided by the plaintiffs, six million Vita-Mix blenders will be affected. However, attorneys for Vita-Mix maintain that the plaintiffs will not receive any cash.

Vita-Mix also continues to deny any liability regarding the class action lawsuit claims.

“Defendants wish to settle the Lawsuit and to put the claims alleged in the Lawsuit to rest, finally and forever, without in any way acknowledging any wrongdoing, fault, liability, or damage to Plaintiffs,” say court documents.

Further, says the blender manufacturer, the tiny black flakes are “food grade” and, in response to consumer complaints, the company told consumers that they were safe to eat in small quantities. The company also maintains that it was working on a remedy for the allegedly defective seals. However, the class action lawsuit alleged that it was wrong for the company to keep selling Vita-Mix blenders it knew were defective.

If the proposed Vita-Mix class action settlement agreement is granted final approval by the court, consumers will be notified about the settlement through Vita-Mix distributors, and information about the settlement will be published in cooking and household magazines.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Lead plaintiffs and the proposed Class Members are represented by W.B. Markovits, Paul M. De Marco, Christopher D. Stock, Andrew R. Biller and Terence R. Coates of Markovits Stock DeMarco LLC; Christopher P. Finney and Justin Walker of Finney Law Firm LLC; and Jeffrey S. Goldenberg of Goldenberg Schneider LPA.

The Vita-Mix Defective Seal Class Action Lawsuit is Linneman, et al. v. Vita-Mix Corp., et al., Case No. 1:15-cv-00748, in U.S. District Court for the Southern District of Ohio.

UPDATE: January 2018, the Vitamix blender class action settlement is now open. Click here to file a claim.

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73 thoughts onSettlement Reached in Vita-Mix Class Action Lawsuit

  1. Kathryn Waldrup says:

    Please add me

  2. rodney compo says:

    When will Vita Mix be fulfilling their obligation? I filled out their post card & returned it in the mail and filed online as well.

  3. William says:

    I also have been infringed upon by the total protection plan and would like to be added to the class action lawsuit

    1. William says:

      Wrong post

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