Rubbermaid hit in class action lawsuit over microplastic concerns

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The class action follows a similar lawsuit filed days ago in Northern California District Court against Ziploc’s maker SC Johnson.

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Two women in California claim that Rubbermaid’s maker Newell Brands is cheating on consumers by not revealing that their products could be exposed to harmful microplastics.

Marija Andesilic and Passion Lowe is suing Newell over misrepresentation of rubber-made containers labeled “microwave safety,” “microwave reheating,” and “freezer Safe,” according to an April 28 application to the U.S. District Court in Central California.

The complaint alleges that some of the rubber-made containers released microplastics into the food when they were microwaved or frozen, despite saying that the product’s labels are safe for such applications.

“The defendant has been deceiving consumers across the country for millions of dollars, putting their health and welfare at risk,” the complaint alleges. “Unfortunately, this includes millions of families specifically targeting safe on-the-go school and work meals, as well as vulnerable children who are particularly dangerous to ingest microplastics.”

The lawsuit is a class action lawsuit, which means it was filed with anyone across the country who purchased the product.

This follows a similar lawsuit filed several days ago in Northern California District Court against Ziploc’s maker SC Johnson. In both cases, they are represented by lawyers at the California-based Clarkson Law Office.

USA Today contacted Newell Brands for comment.

The lawsuit alleges a plastic container misrepresented by rubbermaid

A class action complaint against Rubbermaid Maker Newell Brands alleges that the company may have deliberately misrepresented a storage container labeled as safe for use in microwaves and freezers.

Filing says that containers “pose a risk of leaching microplastics if heated and frozen.”

Over time, it argues that consumption of these microplastics can “suggest serious health risks, such as damaging the immune system, damage to the digestive tract, and increasing the risk of various cancers.”

What is microplastic? Are they harmful?

Microplastics are small plastic particles that result from broken plastic, according to a study by the National Library of Medicine.

Research such as the 2023 study in the Journal of Environmental Science and Technology has broadly shown that microwave heating of plastic containers releases large quantities of microplastics into internal foods.

Similarly, according to the Environmental Working Group, consumers may be unconsciously ingesting microplastics.

Meanwhile, the plastics industry has rejected some of the research.

Matt Seaholm, CEO and President of Plastics Industry Association, said in a recent statement to USA Today that plastic “provides reuse and recycling possibilities while providing unparalleled safety, protection and efficiency across countless applications.”

Which products are included in RubberMade class action lawsuits?

The litigation items include more than dozens of rubber-made “Takiron” products, including food storage containers and meal preparation sets.

According to Rubbermaid’s website, “Takealongs” products are intended for “portable food storage.”

“These containers can be either parties, picnics or cooks, or you can fill up your snacks and share them with friends,” says one product description.

Rubbermaid Class Action Lawsuit: What could happen?

According to Harvard Law School, the case is a class action lawsuit.

The court must certify the case as a class action before it proceeds to one.

If a settlement is reached, members of the class that opted for the case will receive an equal portion of the money.

The plaintiffs in this suit promote the definition of classes as all consumers across the country who purchased the product within the applicable limit period.

Contribution: Elizabeth Weise, USA Today

Melina Kahn is a trending reporter covering USA Today’s national news. She can be contacted at mkhan@gannett.com.



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