Lawyers claim “landmark settlement” in BPA lawsuit
A U.S. polycarbonate baby bottle maker has become the first to settle a lawsuit over failure to tell consumers its products contained bisphenol A (BPA), in what lawyers have dubbed a "landmark" development.
January 16, 2011 by Canadian Plastics
A U.S. polycarbonate baby bottle maker has become the first to settle a lawsuit over failure to tell consumers its products contained bisphenol A (BPA), in what lawyers have dubbed a “landmark” development.
Philips Electronics Corporation North America reached the settlement in early January as part of a multi-district class action, according to statements by law firms Whatley Drake & Kallas and Walters Bender Strohbehn & Vaughan.
Under the terms of the preliminary settlement, Philips is not allowed to use BPA in its baby bottles for four years, unless other manufacturers do so and as long as they inform consumers of its inclusion in the container.
Andov er, Md.-based Philips sold Avent brand plastic baby bottles and sippy cups that contained BPA. Plaintiffs alleged that the firm and several other manufacturers were liable for “breach of warranty, violations of deceptive trade practices statutes and unjust enrichment” when they failed to tell consumers that the baby bottles and sippy cups contained the chemical and that there are health risks associated with BPA exposure.
The proposed class-wide settlement provides refunds and/or vouchers to those who purchased, or received as a gift, Avent or Philips Avent branded baby bottles and sippy cups that contained BPA.
The judgement, which is set to be confirmed in May, is the latest setback in the use of BPA; last November, the European Commission announced it would be introducing a ban on the use of the controversial chemical in baby bottles this year