Evenflo to pay $3.5M settlement to end booster seat safety lawsuits

Evenflo booster seat settlement overview:

• Who: Evenflo Co. Inc. has agreed to a class action settlement with parents who purchased “Big Kid” vehicle booster seats.
• Why: The plaintiffs in the multidistrict litigation alleged Evenflo overstated the safety of its booster seats.
• Where: The Evenflo booster seat settlement was filed in Massachusetts federal court.

Evenflo Co. Inc. has agreed to pay $3.5 million to end multidistrict litigation alleging it overstated the safety of its “Big Kid” vehicle booster seats.

The plaintiffs — all of whom are parents who purchased the booster seats — filed a March 20 motion asking a Massachusetts federal judge to grant preliminary approval of the settlement.

While the settlement allows Evenflo to maintain it did nothing wrong, the company agreed to issue corrective notices about its child boosters, produce educational videos about who can safely be seated in one and ensure its future marketing complies with federal traffic regulations, according to the plaintiffs’ memorandum.

Evenflo also agreed to pay $3.5 million into a settlement fund and give each verified buyer as much as $50 in store credit, according to the agreement.

The plaintiffs argue that after five years of litigation, the settlement is a good deal for the consumers.

Evenflo made false claims about booster seats, plaintiffs say

The class, which has two dozen named plaintiffs hailing from 19 states, alleges Evenflo made misleading claims about the booster seat’s performance during side-impact collisions, especially for children under 40 pounds.

Evenflo advertised the seats as having been safety tested for children weighing between 30 and 110 pounds, but no federally approved booster-seat safety tests exist for children under 40 pounds, or for side-impact collisions, the plaintiffs claim.

Several proposed class action lawsuits were filed shortly after media reports cast doubt over Evenflo’s claims, and the Judicial Panel on Multidistrict Litigation consolidated the case in June 2020, the memo says.

According to the settlement terms, Evenflo will promise to tell consumers that the National Highway Traffic Safety Administration recommends keeping children weighing less than 40 pounds in front-facing car seats, not booster seats.

The multimillion-dollar fund would be shared on a pro rata basis among verified buyers of the Big Kid boosters, after attorney fees and other administrative costs are subtracted. All verified buyers will get a $25 credit, and those who can verify they purchased two will get $50.

In 2020, Evenflo was hit with a class action lawsuit claiming that the company’s “Big Kid” booster seats are marketed with misleading statements about their safety.

What do you think of the Evenflo booster seat settlement? Let us know in the comments.

The class is represented by Mark Chalos and Christopher Coleman of Lieff Cabraser Heimann & Bernstein LLP; Martha Geer of Milberg Coleman Bryson Phillips Grossman PLLC; and Steve Berman and Shayne Stevenson of Hagens Berman Sobol Shapiro LLP.

The Evenflo booster seat case is In re: Evenflo Co. Inc. Marketing, Sales Practices and Products Liability Litigation, Case No. 1:20-md-02938, in the U.S. District Court for the District of Massachusetts.

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