Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A federal judge denied class certification to a group of consumers who allege their Tempur-Pedic mattresses made them sick.
U.S. District Judge Jon Tigar determined the plaintiffs did not establish that the proposed Class Members had been exposed on a Class-wide basis to the allegedly deceptive advertising about defendant Tempur-Sealy International Inc.’s Tempur-Pedic mattresses.
Plaintiffs claim Tempur-Pedic mattresses emit a chemical odor that makes them sick. This odor persists despite advertisements they attribute to Tempur-Sealy that claim the mattresses do not emit certain chemicals or allergens – advertisements the plaintiffs say constitute misrepresentations.
Judge Tigar determined that class certification is not appropriate because whether the proposed Class Members had been exposed to the alleged misrepresentations would have to be determined on an individual basis.
That determination would dominate over other commonly shared issues of law or fact, the judge said.
“[R]esolving Plaintiffs’ claims would require a highly individualized inquiry into each class member’s exposure to Defendants’ advertising. Accordingly, it concludes that a class action would not be a superior mechanism for resolving this dispute,” Judge Tigar wrote.
The judge also noted that some purported Class Members could have chosen to buy a Tempur-Pedic mattress without ever having been exposed to the advertisements at issue, basing their decision to buy solely on their in-store experience trying different mattresses.
This Tempur-Pedic class action lawsuit originated in October 2013 with a group of claimants led by plaintiffs Melody and Alvin Todd.
The Todds claim that in choosing to buy a Tempur-Pedic mattress, they relied on advertisements that said the mattresses were “formaldehyde free,” “free of harmful VOCs,” “allergen and dustmite resistant,” “hypoallergenic,” and with a “completely harmless” odor. They attribute these advertisements to defendant Tempur-Sealy.
Plaintiffs allege the defendant’s own product testing revealed that its mattresses outgassed formaldehyde and other VOCs, or volatile organic compounds.
Customer complaints allegedly reported not just an odor coming from the mattresses but also corresponding symptoms like “headache, nausea, asthma, eye and throat irritation, and allergic reactions,” the plaintiffs say.
The proposed Tempur-Pedic class action lawsuit raises 23 different claims, including misrepresentation and unjust enrichment, under the laws of 11 different states.
Judge Tigar dismissed an earlier unjust enrichment claim under Kentucky law that would have applied to a proposed nationwide unjust enrichment Class.
Had the proposed Class been certified, it would have included all persons who purchased, not for resale, a Tempur-Pedic mattress or pillow within California, Illinois, Maryland, Massachusetts, Missouri, New Jersey, New Mexico, New York, Wisconsin or Washington between Jan. 1, 2006 and Dec. 31, 2013.
The plaintiffs are represented by attorneys Gary K. Shipman, William G. Wright and Angelique Adams of Shipman & Wright LLP, John Simon and Anthony Simon of Simon Law Firm PC, Michael McShane and Jonas P. Mann of Audet & Partners LLP, and Allen M. Stewart and Stephanie Brooks Sherman of Allen Stewart PC.
The Tempur-Pedic False Advertising Class Action Lawsuit is Todd, et al. v. Tempur-Sealy International Inc., Case No. 3:13-cv-04984, in the U.S. District Court for the Northern District of California.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
23 thoughts onTempur-Pedic Mattress Consumers Denied Class Certification
I have tried this before but comments always disappear. Purchased the Cloud Supreme 5/2014 after open heart surgery & stroke. I contacted in Jan 2018 to say that mattress was not holding up well. I paid over $4000 for the mattress/ They refused to do anything although they had me jump thru all kind of hoops with pictures & the straight edge & quarter , They said mine a $4000 mattress every 4 years was normal wear & tear. These people are rip off artist but they are so big that no one does anything about them. My back hurts but I cannot afford to replace.
I have tried this before but comments always disappear. Purchased the Cloud Supreme 5/2014 after open heart surgery & stroke. I contacted in Jan 2018 to say that mattress was not holding up well. I paid over $4000 for the mattress/ They refused to do anything although they had me jump thru all kind of hoops with pictures & the straight edge & quarter , They said mine a $4000 mattress every 4 years was normal wear & tear. These people are rip off artist but they are so big that no one does anything about them. My back hurts but I cannot afford to replace.
I tried a twin Tempur-pedic years ago. Within a few inhalations I knew it was a toxic blob of foam represented by just a lot of advertising hype and misinformation. A complete hoax. I returned it. My money was refunded.
Many mattresses have similar outgassing problems, but Tempur-pedic May get the award for the most concentrated harmful chemicals in one mattress.
I bought a tempurpedic in 2007/2008. Over the years suffered various sinus, respitory and allergies. Never thought about the bed. Now 2018 for 3/4 months I suffered giant welts and hives, swollen lips and eyes, multiple t is to specialists and urgent care resulting in multiple heavy steroid injections and pills. Finally, after almost giving up, a long trial an error proved it was the tempurpedic. All outbreaks occurred over night and once during the day while napping. Slept on other beds for days after an outbreak while on cortisone even, and the hives disappeared almost. Once night on that death bed and Ughhhhhhh. I do have to say I complained with graphic photos (I documented it) that tempurpedic reached out to me and requested they take bed and issu a 2100 ish check to me in refund for what I paid back then. I appreciate the customer service on that end but am still concerned on my health. I’m taking a piece of the foam to the doctors to be tested and create a scratch Test. They are removing the Matress in a week and then issuing me a check. I went to indicate on my original fb post with photos on thier page that they reached out and attempted to mak peace with it offering to cover it, but they had me blocked from commenting on thier page.
It was confirmed, over serveral more horrific breakouts that it was long term exposure to the polyurethane foam and break down and off gassing of my tempurpedic. I am suffering side affects of using steroids as means to alleviate the hives. Tempurpedic is issuing a full refund fund for my old bed but I’m waiting their response about paying out wages owed and conpays and medication costs
We hate our tempurpedic mattress. We feel awful all the time. Our auto-immune conditions have worsened and it is the worst night of sleep we have ever had. We paid so much for the bed and can’t afford another one. How did you get them to refund your money?
My tempurpedic is hurting my back. I hate the discomfort. I sleep better on the couch. I want to ditch the bed but all husband talks about is how much the bed cost. I am so uncomfortable on that bed. He keeps complaining about an odor. I sm so congested i can’t smell anything. I hate this bed. I wish it would disappear. I saw Dr for my back she said get new bed.
My wife and I bought CLOUD SUPREME BREEZE 2.0 MATT KING PRIME for $4099.00 dollars on 4/9/16.After much research,we reach to a solution to flip the mattress over.My wife has a hip pain on both sides,back aches that she never experienced before.I have pain on my left side shoulder.We are still suffering from the pain.We sent a warranty claim form twice and it is almost impossible to prove that the mattress is sagging,since the memory foam backs up once getting out of bed.We were not able to provide the full length of the straightedge laying across the mattress with a quarter leaning against the straightedge.It is a mystery that we got caught in this dilemma.It is a very bad mattress!
I can’t believe all these complaints and I have the same ones. Why isn’t there one attorney out there that will do another class action against Tempurpedic.
I bought my tempurpedic in 2011 and the foam deteriorated to the point that it is not usable in 7 years. The company refuses to honor their warranty. I have wasted hours taking pictures of every angle, tag, cover, foundation, etc. and they continue to deny any claims. I would never make a purchase from this company again and would warn others to avoid their products at all cost.
We bought our mattress in 2014. We have tried to use our warranty they told use we could not.. We bought it in 2014, but the is just 2 stains on it, but it sags all the time and is wet all the time?? And it was on the right base. I have had a heart infection, 2 staff Infection, and 2 fungal infections.. And am now on chemo.. And the rashes are terrible. I just want a new bed…
my mattress has mold on bottom of mattress and on base. my sister bought the identical bed and base and her bed also has mold. Tempurpedic wont refund – they only replace with same product.
I’ve had temper-pedic mattresses since 2003 and my health has consistently gone downhill now that I look back and put it all together. It’s only been lately I realized when I’m not sleeping on my temper-pedic mattress at home or when a guest stays over and I sleep on a regular mattress down stairs that I don’t wake up gasping for air. My only regret is that it’s taken me over 14 years to realize that the temper-pedic mattress was killing me. Shame on you Temper-pedic!!!