Class action lawsuit claims Thermos misleads consumers with fake discounts

Thermos class action lawsuit overview:

• Who: Plaintiff Sonya Valenzuela filed a class action lawsuit against Thermos LLC, doing business as www.thermos.com. 
• Why: Valenzuela alleges Thermos advertises fictitious regular prices on products sold through its website.
• Where: The Thermos class action lawsuit was filed in California state court.

A new class action lawsuit alleges Thermos advertises fictitious regular prices and corresponding phantom discounts on products sold on its website. 

Plaintiff Sonya Valenzuela filed the lawsuit against Thermos on June 26 in California state court, claiming violations of state consumer protection laws.

Valenzuela says she bought a Lunch Duffle with 12oz. Funtainer Bottle Desert Llamas on March 31 for a discounted price of $14 from a strikethrough reference price of $27.99.

The plaintiff claims the reference price was not the prevailing market price during the 90 days before the purchase, and the advertisement did not clearly, exactly and conspicuously state the date when the reference price was valid.

Class action alleges Thermos intentionally uses deceptive pricing scheme

According to the lawsuit, Thermos fabricated a fake reference price and presented the actual price as discounted when it was not.

“These pricing and advertising practices reflecting high-pressure fake sales are patently deceptive,” Valenzuela alleges, adding that she and other consumers were misled into believing they were getting a bargain by purchasing products from Thermos at substantial discounts. 

The class action argues Thermos knowingly and intentionally used artificially inflated prices to increase sales and profits.

Valenzuela claims she would not have bought the product or, at the very least, would have paid less for it, if Thermos had been truthful about its pricing.

She seeks to represent anyone in California who purchased one or more Thermos products from the company’s website within the statute of limitations period at an alleged discount from a higher reference price. 

The plaintiff cites violations of California’s False Advertising Law and Consumers Legal Remedies Act and seeks certification of the class action, damages, fees and costs. 

In 2024, Lowe’s Home Centers, L.L. Bean, Under Armour and Sleep Number Corp. faced similar class action lawsuits alleging they advertised false discounts to trick consumers into believing they were getting a better deal. 

What are your thoughts on this Thermos class action lawsuit? Let us know in the comments.

The plaintiff is represented by Scott J. Ferrell and Victoria C. Knowles of Pacific Trial Attorneys APC.

The Thermos class action lawsuit is Valenzuela v. Thermos LLC, Case No. 3:25-cv-01633-H-BLM, in the Superior Court for the State of California, County of San Diego.

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