Red Toolbox won’t refund customers following lead-related toy recall, class action claims

Red Toolbox class action lawsuit overview: 

• Who: Plaintiffs Fernando Castro, Katie Vaccaro and Wendy Guan filed a class action lawsuit against Red Toolbox USA Inc. 
• Why: Castro, Vaccaro and Guan claim Red Toolbox refuses to refund consumers who purchased one of its toy products that was part of a September recall concerning unsafe levels of lead.
• Where: The class action lawsuit was filed in New Jersey federal court. 

Red Toolbox refuses to refund consumers who purchased a children’s toy that was recalled by the company in September due to it containing unsafe levels of lead, a new class action lawsuit alleges. 

Plaintiffs Fernando Castro, Katie Vaccaro and Wendy Guan’s class action lawsuit claims Red Toolbox refuses to refund “a single cent” to consumers who purchased its recalled Stanley Jr. Kids Wheelbarrow and 7-piece Garden Sets. 

“Defendant refuses to refund customers that purchased the Products. Instead, Defendant implemented a deficient recall that allows it to say they are doing the right thing, when in fact the primary objective is to protect their bottom line,” the Red Toolbox class action says. 

Castro, Vaccaro and Guan want to represent a nationwide class, Oregon, California, and New York subclasses and a pair of multi-state classes of consumers who purchased a Stanley Jr. Kids Wheelbarrow and 7-piece Garden Set included in the September recall. 

Red Toolbox denied requests for refund following toy recall, class action says

Castro, Vaccaro and Guan argue any requests for refund are denied and consumers are only given an option to receive replacement parts. 

The complaint argues further that Red Toolbox intentionally “did the bare minimum possible” to let consumers know about the recall, as part of an alleged effort by the company to minimize the “cost and burden” of the toy recall. 

“By design, the recall received very little publication, with the result that the response rate has been low,” the Red Toolbox class action says. 

Castro, Vaccaro and Guan claim Red Toolbox is guilty of fraud by omission and intentional misrepresentation, unjust enrichment and breach of implied warranty, and violating New York General Business Law, the Oregon Unlawful Trade Practices Act and California’s Unfair Competition Law, Consumer Legal Remedies Act, False Advertising Law and Song-Beverly Consumer Warranty Act. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of  actual, compensatory, statutory, nominal and/or punitive damages for themselves and all class members. 

Class action lawsuits involving unsafe levels of lead were previously filed against WanaBana and Procter & Gamble. 

Did you purchase a Stanley Jr. Kids Wheelbarrow and 7-piece Garden Set that was part of the September recall? Let us know in the comments.

The plaintiffs are represented by Joel D. Smith and Yeremey O. Krivoshey of Smith Krivoshey, PC.

The Red Toolbox class action lawsuit is Castro, et al. v. Red Toolbox USA Inc., Case No. 1:24-cv-10310, in the U.S. District Court for the District of New Jersey.

Read About More Class Action Lawsuits & Class Action Settlements:

• Dreamgro issues recall for mermaid travel soothers due to choking hazard
• Dynarex expands baby powder recall
• Halo issues recall for tumblers sold at Wawa due to laceration hazard
• Kyte Baby announces recall for slumber suit