Spalding Class Action: Neverflat Basketballs Deflate Within a Year

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A New York man claims that Spalding Neverflat basketballs actually go flat during normal use, contrary to the manufacturer’s representations.

Plaintiff Jaish Markos filed a class action lawsuit against Russell Brands LLC, the makers of the Spalding Neverflat basketball.

Markos claims the ball loses 3.65 PSI in 12 months, dropping below both the NBA’s and Spalding’s own recommended pressure levels.

The Spalding Neverflat class action lawsuit quotes several representations from the ball’s packaging about what consumers can expect from its performance:

• “Stays Inflated 10x Longer Guaranteed”
• “Maintenance-Free Performance. No need to add air pressure during the first year”
• “Neverflat holds air 10 times longer”

A chart on the packaging also shows the ball maintains from 7 to 9 PSI for an entire year, according to Markos. The chart, reproduced in the Spalding Neverflat class action lawsuit, depicts the Neverflat maintaining a rebound height of 54 to 60 inches over a year, in comparison to a traditional ball whose rebound height is depicted as decreasing to between 38 and 44 inches over the same period of time.

Markos claims that independent testing revealed that the Spalding Neverflat lost about 2 PSI, or about 22 percent of the ball’s air pressure, over a 200-day period. At that rate, a Spalding Neverflat ball inflated to the maximum recommended pressure of 9 PSI would have dropped below the defendant’s recommended minimum 7 PSI over a 12-month period, Markos argues.

The plaintiff also claims the ball’s rebound height starts off lower than advertised, then decreases with use. He says its initial rebound height is actually between 46 and 48 inches, significantly less than its advertised rebound height of 54 to 60 inches. Even when inflated to the recommended maximum pressure, Markos claims, the Spalding Neverflat never provided the minimum 49-inch rebound height required by the NBA.

Basketballs that sell at a fraction of the price of the Spalding Neverflat give better performance, Markos claims. He says that in product testing, the $7 MacGregor X35WC basketball maintained a rebound height of 51 to 53 inches over the course of 20,000 bounces. The Spalding Neverflat, which retails at Wal-Mart for $39.99 to $44.99, gave an initial rebound height of only 46 to 48 inches, he claims.

Despite these actual performance results, Markos says the defendants induced consumers to pay a premium for Spalding Neverflat basketballs with representations that the balls would remain fully inflated and maintain their rebound height for at least 12 months – representations Markos says are false and misleading.

Markos is proposing to represent all Class Members who purchased a Spalding Neverflat basketball for personal use from June 1, 2010 through the date of class certification. He seeks to represent this group as two separate Classes, one seeking injunctive relief and the other seeking monetary relief. He is also proposing a subclass of all Class Members who purchased the product in New York state.

He seeks an award of damages and reimbursement of court costs, attorneys’ fees and expert witnesses’ fees, plus a court order requiring Rusell to cease the allegedly false advertising complained of.

Plaintiff’s counsel are Jason P. Sultzer and Joseph Lipari of The Sultzer Law Group; Michael R. Reese of Reese LLP; and Melissa W. Wolchansky of Halunen Law.

The Spalding Neverflat False Advertising Class Action Lawsuit is Jaish Markos v. Russell Brands LLC, Case No. 7:16-cv-04362, in the U.S. District Court for the Southern District of New York.