News January 03, 2025
Consumer Files Lawsuit Against Stanley Parent Company Over Defective Lids
Danielle Scherzi of Rochester, NY, accuses Pacific Market International of knowingly selling faulty products and offering an inadequate remedy once a recall was issued.
Key Takeaways
• Class Action Lawsuit: Pacific Market International (PMI) is facing legal action for not disclosing a lid defect in its travel tumblers and providing an inadequate remedy during a recent recall.
• Burn Hazard: The recall, issued in collaboration with the U.S. Consumer Product Safety Commission, involved 2.6 million Switchback and Trigger Action travel tumblers with defective lids that could detach when exposed to heat, posing a serious burn hazard. At the time of the recall, there had been 91 reports of detaching lids globally, with almost 40 injuries.
• Serious Allegations: The lawsuit accuses PMI of knowing about the defect from pre-release testing but still marketing the tumblers as “leak-proof.” The lawsuit includes multiple counts, such as violations of consumer protection laws and fraud, with the plaintiff seeking damages and other legal remedies.
The Stanley brand has taken another blow.
In a class action lawsuit filed on Dec. 27, Seattle-based Pacific Market International (PMI), parent company of Stanley 1913, is accused of purposely not disclosing a lid defect and offering an inadequate remedy in response to a recent recall of the defective lids. PMI has yet to respond.
In the recall, PMI/Stanley, in collaboration with the U.S. Consumer Product Safety Commission, warned that 2.6 million Switchback and Trigger Action travel tumblers had defective lids – the threads could shrink when exposed to heat and torque, causing the lids to loosen and possibly detach. That posed a serious burn hazard.
Indeed, as of Dec. 12 when the recall was issued, Stanley had received 91 reports globally of the lids detaching, including 16 in the U.S. Almost 40 people suffered injury, 11 seriously enough to warrant medical attention.
Danielle Scherzi of Rochester, NY, filed the lawsuit late last month on behalf of consumers. According to the official complaint, Scherzi bought a 12-oz. Trigger Action tumbler at Target in upstate New York in 2022 – since then, the lid detached twice when the mug was filled with hot coffee, which spilled onto Scherzi.
Scherzi maintains that the recall was not widely publicized on purpose, and that PMI’s remedy for the recall – to send a free replacement lid – is unacceptable.
“Any requests for refunds are denied,” says the complaint. “A consumer has only one option: receive a replacement lid, regardless of whether they continue to want one or to trust the manufacturer.”
Additionally, the lawsuit accuses PMI of knowing about the lid defect after pre-release testing and putting the tumblers on shelves anyway, with descriptions such as “durable,” “leak-proof” and “spill-proof.” While the tumblers were on sale at retailers between June 2016 and December 2024, PMI monitored warranty claim data, customer complaints, replacement part data and field reports to determine if the faulty lids were indeed a concern, alleges Scherzi. As reports of lid concerned started to mount, the recall was issued.
The lawsuit includes violations on six counts, including violations of the Washington Consumer Protection Act, violations of New York General Business Law, unjust enrichment, fraud by omission/intentional misrepresentation and negligent misrepresentation. Financially, Scherzi is now seeking damages to be determined by a court and/or jury, a restitution order and an awarding of attorney fees and related expenses due to filing the lawsuit.
Among the promo suppliers that carry Stanley tumblers, Counselor Top 40 supplier Starline (asi/89320) offered some of the recalled styles in 2022 and 2023 but no longer does. Top 40 supplier PCNA (asi/66877) carried the 16-oz. and 20-oz. Trigger Action between September 2023 and May 2024, but also no longer does.
It’s not the first lawsuit to hit PMI this year – last February, the company was accused of deceiving consumers about the presence of lead in its popular tumblers. Attorneys for PMI want the case thrown out.
The uber-popular Stanley Quencher was named ASI Media’s 2023 Product of the Year.