Vitamix Blender Class Action Settlement

Vitamix has agreed to a class action settlement to remedy an alleged defect in its high-end household and commercial blenders.

In their November 2015 complaint, plaintiffs Vicki Linneman of Ohio and Obadiah Ritchey of Nevada claim their Vitamix blenders were leaving tiny particles of PTFE, a compound similar to Teflon, in their blended foods. The flecks were allegedly traced to the top seals of the blade assembly.

The plaintiffs claimed that Vitamix had been aware of this defect for years, yet the company failed to disclose the defect or issue a recall.

Linneman and Ritchey were later joined by commercial plaintiff KMW Coffee LLC, which does business as Sidewinder Coffe & Tea. KMW says it purchased a commercial Vitamix blender and used it in its commercial operations until it learned of the alleged defect.

Vitamix continues to contest the plaintiffs’ allegations but believes that agreeing to the settlement is worth avoiding the costs and disruptions of continued litigation. The settlement does not require Vitamix to admit any fault.

The parties went through discovery, pretrial motions, and multiple mediation sessions. In October 2017, U.S. District Judge Susan J. Dlott granted preliminary approval of the Vitamix class action settlement, allowing the parties to begin the process of settlement administration.

Under terms of the settlement, owners of both household and commercial Vitamix blenders can get a replacement blade assembly made with a seal that does not shed flecks of material. Class Members with household blenders have the alternative of getting a gift card good toward a new purchase from Vitamix.

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.

Class Members must submit a timely Claim Form to receive benefits. There are two different Claim Forms, one for household blenders and another for commercial blenders.

Objections to the settlement and requests for exclusion must be submitted by March 7, 2018.

Who’s Eligible

Class Members include residents of the U.S. or its territories who own a Vitamix household blender with a blade assembly dated on or after Jan. 1, 2007 but before Oct. 1, 2016.

In addition, Class Members include commercial customers who purchased a Vitamix blender for business use on or after Sept. 15, 2015 but before Aug. 9, 2016, or before April 7, 2017 if the blender is from the XL product line; was never used in connection with a replacement seal; and was purchased through a third-party seller and not directly from Vita-Mix.

Potential Award

$70 gift card or free replacement blade.

Class Members who own a Vitamix household blender can choose to receive either a free replacement blade assembly or a $70 gift card valid for a one-time purchase on the Vitamix website or at the Vitamix retail store in Solon, Ohio. The $70 gift card can only be used to purchase a new blender or a new container, and not on any other Vitamix products. Class Members who own multiple qualifying blenders can get a gift card worth $140.

Class Members who own a Vitamix commercial blender can receive a new replacement blade assembly, up to a maximum of two assemblies per commercial address.

Those who choose the replacement blade assembly will need to return their blenders to Vitamix for installation, at no cost to the Class Member.

Proof of Purchase

Both the household and commercial Claim Forms ask for the serial number of the qualifying Vitamix blender.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

9/28/2018

Case Name

Linneman v. Vita-Mix Corp., et al., Case No. 1:15-cv-00748-SJD, in the U.S. District Court for the Southern District of Ohio

Final Hearing

3/27/2018

UPDATE: The Vitamix Blender Class Action Settlement was granted final approval on March 22, 2018.  However, there is an appeal pending.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 2: On November 6, 2018, the final appeal to the Vitamix Blender Class Action Settlement was dismissed.  It is not known how quickly claims will be paid.  Top Class Actions will let our viewers know as soon as we learn gift cards are in the mail.

Settlement Website

www.BlenderSettlement.com

Claims Administrator

Blender Settlement
c/o JND Class Action Administration
P.O. Box 7028
Broomfield, CO 80021
(855) 233-4747
BlenderSettlement@jndla.com

Class Counsel

W.B. Markovits
Paul DeMarco
MARKOVITS STOCK & DeMARCO LLC

Jeff Goldenberg
GOLDENBERG SCHNEIDER LPA

Justin C. Walker
FINNEY LAW FIRM LLC

Defense Counsel

Tracey L. Turnbull
PORTER WRIGHT MORRIS & ARTHUR LLP