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COOK COUNTY RECORD

Tuesday, September 17, 2024

Plaintiff alleges baby product manufacturer deceived consumers with false 'BPA-free' claims

Federal Court
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A class action lawsuit has been filed against a prominent baby products manufacturer, alleging deceptive marketing practices and potential health risks. Plaintiff Stephannie Felsenthal, on behalf of herself and others similarly situated, lodged the complaint in the United States District Court for the Northern District of Illinois on July 5, 2024, targeting Medela LLC.

The lawsuit centers around Medela's manufacturing, distribution, advertising, marketing, labeling, and sale of various baby bottle products that are marketed as "Made Without BPA." According to the plaintiff, these claims are misleading because the products contain harmful microplastics. The plaintiff asserts that Medela intentionally misled consumers by omitting this critical information from their product labels and marketing materials. The lawsuit highlights that consumers are increasingly concerned about synthetic and chemical ingredients in everyday products and are willing to pay a premium for items branded as "natural" or free from harmful substances like BPA.

The complaint details how microplastics can pose significant health risks, particularly to infants and young children. Studies cited in the lawsuit indicate that microplastics can alter gut microbiota composition, produce toxic effects on the digestive tract, cause irreversible changes in reproductive and central nervous systems after prenatal exposure, affect immune systems due to their physicochemical properties, and lead to chronic pulmonary disease. The plaintiff argues that Medela knew or should have known about these risks but chose not to disclose them to increase profits and market share.

Felsenthal purchased several varieties of Medela's products multiple times during the statutory limitations period from retailers such as Buy Buy Baby, Target, and Walmart in Illinois. She claims she relied on Medela's representations when deciding to purchase these products. Had she known about the presence of harmful microplastics, she would not have bought them or would have paid less for them.

The plaintiffs seek monetary damages on behalf of themselves and a nationwide class of purchasers of Medela's products. They also request compensatory damages for actual losses incurred due to purchasing these mislabeled products at a premium price. Additionally, they seek punitive damages for what they allege is intentional misconduct by Medela in concealing material facts about their product safety.

Representing Felsenthal are attorneys Kevin Laukaitis from Laukaitis Law LLC and Michael R. Reese from Reese LLP. The case is presided over by Judge [Name] under Case ID 1:24-cv-05671.

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