Walgreens class action over ‘dishwasher safe’ cutlery survives dismissal attempt

Walgreens class action overview:

• Who: A federal judge partially denied Walgreens’ motion to dismiss a class action lawsuit filed in December 2023.
• Why: The plaintiff claims Walgreens misleadingly advertised its plastic cutlery as being safe to use in dishwashers.
• Where: The Walgreens class action lawsuit was filed in Illinois federal court.

A class action lawsuit alleging Walgreens falsely advertised its plastic cutlery as being safe to use in dishwashers has survived an attempt to dismiss the claims.

Walgreens consumer Bridget Simpson filed the class action lawsuit in December 2023 against Walgreens and the manufacturers and distributors of its plastic cutlery, Sumter Easy Home LLC and Ningbo (USA) Home-Link Plastic Product Mfg. Ltd.

Simpson claims she purchased Walgreens Complete Home Heavy Duty plastic cutlery at a Walgreens store in Riverside, California, in May 2022. She says the cutlery’s packaging was labeled “dishwasher safe” and “heavy duty,” which led her to believe it could be safely washed anywhere in a dishwasher.

However, when Simpson washed the cutlery in her dishwasher’s cutlery basket on the lower rack, it melted, the Walgreens cutlery class action lawsuit says. She claims she would not have purchased the cutlery, or would have paid less for it, if she had known it could only be washed on the top rack of a dishwasher.

Simpson’s class action lawsuit asserts claims under California’s Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law as well as breach of implied warranty, common law fraud, unjust enrichment, intentional misrepresentation and negligent misrepresentation.

Walgreens plastic cutlery class action lawsuit to proceed

U.S. District Judge Franklin U. Valderrama granted in part and denied in part Walgreens’ motion to dismiss the cutlery class action lawsuit.

Valderrama determined Simpson plausibly alleged that a reasonable consumer would be misled by the plastic cutlery’s packaging into believing it was safe to wash anywhere in the dishwasher.

He also determined Simpson’s class action lawsuit sufficiently alleged Walgreens’ cutlery packaging contained a false statement and that she relied on the statement when purchasing the product.

However, the judge determined her argument that Walgreens and the flatware manufacturers violated implied warranties tied to the product, along with her request for injunctive relief, falls short because she has not shown a likelihood of being misled again in the future. The judge allowed her the opportunity to amend and refile those claims.

The Walgreens class action lawsuit will proceed with the claims for common law fraud, unjust enrichment, intentional misrepresentation and negligent misrepresentation. Valderrama dismissed Simpson’s claims for breach of implied warranty and injunctive relief without prejudice.

Last year, another ruling determined that Walgreens could not dodge claims of deceptive advertising over cough syrup that can cause drowsiness due to its active ingredient, dextromethorphan hydrobromide.

What do you think about the allegations made in this Walgreens cutlery class action lawsuit? Tell us in the comments.

Simpson is represented by Timothy Peter of Faruqi & Faruqi LLP.

The Walgreens class action lawsuit is Simpson v. Walgreen Co., et al., Case No. 1:23-cv-16465, in the U.S. District Court for the Northern District of Illinois.

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