Judge Keeps Bosch Platinum Spark Plug Class Action Running

A federal judge has denied an automotive parts manufacturer’s motion to dismiss a Bosch platinum spark plug class action lawsuit, deciding that the issues the defense raised may be valid, but are better suited for consideration following a motion for Class certification or summary judgment.

Plaintiffs Matthew Burnett and Thomas Belcastro allege that they bought premium spark plugs because of representations on the packaging that the entire center core was made of platinum, a metal that resists corrosion and therefore lasts longer. According to the company’s advertising, “Only Bosch uses a platinum center electrode that’s heat-fused into a ceramic insulator.” The Bosch platinum spark plugs are sold by numerous retailers.

According to the Bosch platinum spark plug class action lawsuit, Burnett extracts precious metals for a charity that uses them to raise funds for needy animals. He noticed the “coloring of the center electrode was off, and not the same color as the tip,” and that the electrode was attracted to a magnet, which is uncharacteristic of platinum. He performed an acid test which allegedly revealed that only a small portion of the spark plug’s core was platinum.

However, Bosch argued that there was little evidence, much of it “conclusory” in terms of not establishing concrete information about what advertisements the plaintiffs relied upon in order to make buying decisions. More importantly for the judge, however, some of the claims that Bosch sought to undermine would require a jurist to “look outside the four corners of the amended complaint.”

The judge found that, given the plaintiffs’ statements regarding what information they relied upon in order to make the purchase of the Bosch platinum spark plugs, granting a motion to dismiss the Bosch spark plug class action lawsuit would be wrong in light of the extraordinary leeway allowed at this stage.

However, the judge noted that a review of “Bosch’s brochures, advertisements, and website” is “better suited for the summary judgment stage” or Class certification stage of the litigation.

The putative Class is seeking damages on counts of violations of state consumer protection statutes and breaches of various warranties. The plaintiffs seek to represent all customers who purchased Bosch platinum spark plugs since June 6, 2010.

The plaintiffs are represented by Brian W. Warwick, Janet R. Varnell and Steven T. Simmons Jr. of Varnell & Warwick PA and Charles J. LaDuca and William H. Anderson of Cuneo Gilbert & LaDuca LLP.

The Bosch Platinum Spark Plug Class Action Lawsuit is Matthew Burnett and Thomas Belcastro v. Robert Bosch LLC USA, et al., Case No. 8:14-cv-01361, in the U.S. District Court for the Middle District of Florida.