Evenflo Class Action Says ‘Big Kid’ Booster Seats Aren’t Safe

A recent Evenflo class action lawsuit claims that the company’s “Big Kid” booster seats are marketed with misleading statements about their safety.

According to plaintiff Mike Xavier, Evenflo sells a variety of child seat products including their “Big Kid” booster seats.

In order to compete with Graco, the company’s “archrival,” Evenflo allegedly began to market their booster seats as “side-impact tested” and safe for small children who weigh only 30 pounds.

Despite these representations, Xavier argues that the claims are entirely false and do not actually reflect the safety and efficacy of the products.

“Evenflo’s tests were self-created and entirely unrelated to the actual forces in side-impact collisions,” Xavier argues in his Evenflo class action lawsuit. “Legitimate science and legitimate testing reveals that the Big Kid booster seats provide dubious benefit to children involved in side-impact collisions, especially those under 40 pounds.”

Xavier claims that the company’s misleading representations are especially concerning due to the risk of child death in side impact crashes.

In 2018, side impact crashes were reportedly responsible for more than 25 percent of vehicle collision deaths in children under the age of 15.

Side impact crashes may not be as common as head-on collisions, but can reportedly lead to serious, catastrophic injuries such as traumatic brain injuries, spinal injuries and the severing of spinal ligaments.

According to Xavier, Evenflo intentionally misrepresents their products as “side impact tested” in order to boost sales. These statements are allegedly contradicted by the company’s own testing, which reportedly shows child-sized crash dummies being thrown out of their shoulder belts due to a side impact collision.

“Evenflo’s own testing demonstrates that the Big Kid booster seat leaves children—especially those under 40 pounds—vulnerable to serious head, neck, and spine injuries in a side-impact crash,” Xavier argues.

The Evenflo class action lawsuit claims that the company’s misleading statements have likely resulted in “hundreds of millions of dollars of profits,” with more than 18 million Big Kid booster seats sold.

Xavier says these profits, which have made the seats one of the best selling booster seat models in the United States, have had serious consequences for children’s safety.

“As a consequence of its cynical profiteering, Evenflo has now subjected millions of children to the risk of grave injury and death,” the Evenflo class action lawsuit claims.

Xavier seeks to represent a Class of consumers who purchased Evenflo “Big Kid” booster seats since 2008. He also seeks to represent a subclass of the same consumers in California.

On behalf of himself and the proposed Class Members, Xavier seeks restitution, disgorgement, actual damages, statutory damages, punitive damages, treble damages, compensatory damages, interest, injunctive relief, court costs, and attorneys’ fees.

Did you purchase Evenflo “Big Kid” booster seats? Share your experience in the comments section below.

Xavier and the proposed Class are represented by Jeffery S. Goldenberg of Goldenberg Schneider LPA and Steve W. Berman, Thomas E. Loeser, and Ted Wojcik of Hagens Berman Sobol Shapiro LLP.

The Evenflo Booster Seat Class Action Lawsuit is Xavier v. Evenflo Company Inc., Case No. 3:20-cv-00053-WHR, in the U.S. District Court for the Southern District of Ohio.

Join a Free Evenflo Booster Seat Class Action Lawsuit Investigation

If you purchased an Evenflo Big Kid booster seat for a child who was under 40 pounds, you may qualify to join this Evenflo booster seat class action lawsuit investigation.

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