Friday, February 6, 2015

Foogo Bottle Settlement over False Advertising

If you are cheated for the purchase of Foogo leak-proof bottle products, then you can claim Foogo Bottle Settlement over false advertising at FoogoBottleSettlement.com and get your part of benefit.
FoogoBottleSettlement.com: Foogo Bottle Settlement over False Advertising


When it comes to win the trust of customers, you should have to fulfill your commitment. If not, it would be considered offence in legal terms. Same thing happens with consumers, who filed a class-action lawsuit against Thermos L.L.C. alleging that the company wrongly advertises its Foogo® bottle products – mainly Foogo® Vacuum Insulated Leak-Proof Straw Bottle and the Foogo® Plastic Leak-Proof Straw Bottle – as “leak-proof” that are actually not. They have a tendency to leak, that’s really irritating! If you also purchased any of them, you can file class action settlement and will get approved claim benefits. For your help, complete procedure with all important information is given below.

Plaintiffs Jenny Milman and Ellen Thomas were filed Thermos class action in October 2013. Herein, they alleged that Thermos manufactures two different types of “leak-proof” bottles the Foogo® Vacuum Insulated Straw Bottle and the Foogo® Plastic Straw Bottle, which intended for use by young children. Thermos constantly advertises the bottles as being “leak-proof”, but actually leak and not “leak-proof” as advertised.

The bottles leak from the straw and also from the gap between the lid & the straw. Moreover, the bottles frequently pop open as the “push button lid” is easily triggered. Here leaks are not linked with years of constant use but to the wrong inbuilt design of the bottles.

Milman and Thomas charged Thermos marketing and sale of the bottles for violating the New Jersey Consumer Fraud Act, New York business law, breach of express warranty and unjust enrichment.
Thermos denies any wrongdoing but agreed to pay $675,000 into the settlement fund to avoid the cost, risk and uncertainty associated with litigation. An Illinois federal judge preliminary approved Thermos class action settlement on Dec. 23, 2014.

Case Status: Open
Filing Deadline: Monday, 22nd June, 2015
Final Hearing: 27th May, 2015

Eligibility: All consumers who purchased a Foogo stainless steel vacuum-insulated straw bottle or a Foogo plastic straw bottle from 1st January, 2007 to 23rd December, 2014 in the United States are eligible to become class members of the Foogo Thermos class action settlement.

Proof of Purchase:

Not necessary. But if you have sales receipt either in paper or electronic form showing the Foogo bottle purchased and the date of purchase, then you could get larger reward for this proof of purchase.

Total Settlement Amount: $675,000

Potential Award : As per the terms of the settlement, Class Members receive a payment in three options — A, B, and C — as described below.

Opion A:

No need of any proof of purchase. Class Members may receive a one-time estimated cash payment of $8.50 for a Foogo Vacuum Bottle or $4.50 for a Foogo Plastic Bottle. The rewarded amounts are about half the cost of the Foogo bottles. Also note that Class Members only receive one payment in this option, no matter how many bottles they purchased.

Option B:

No need of any proof of purchase. If Class Members had purchased one or more Foogo Vacuum Bottles, they could receive a new Foogo Vacuum Bottle (a new Vacuum Insulated 16-ounce Thermos brand Stainless King Beverage Bottle in Midnight Blue). In case of Foogo Plastic Bottles, Class Members are allowed to select from a new Foogo Plastic Bottle or a new 16-ounce Thermos brand Plastic Hydration Bottle in Teal.

Option C:

You must have a proof of purchase showing the price and number of bottle purchased, such as a paper receipt, an electronic form or electronic receipt. Under this option, Class Members will be given two choices for every proof of purchase: A one-time cash payment for the total amount paid by the Class Member for the Foogo bottles or get a replacement bottle as described in Option B.

Settlement Website: Foogo® Straw Bottle Settlement Website

Case Type: Consumer

Case Name:
Jenny Milman, et al. v. Thermos LLC, Case No. 1:13-cv-07750, in the U.S. District Court for the Northern District of Illinois, the Eastern Division.

Claim Form: Online Claim Form 

Case Documents:
Thermos Foogo Bottle False Advertising Class Action Settlement Complaint
Thermos Foogo Bottle False Advertising Class Action Settlement Agreement
Thermos Foogo Bottle False Advertising Class Action Settlement Notice

Claims Administrator
To mail claim: 
FOOGO CLASS ACTION ADMINISTRATOR
c/o Rust Consulting, Inc.
P.O. Box 2212
Faribault, MN 55021-1612
855-225-1889

To walk claim in or to use courier:
FOOGO CLASS ACTION ADMINISTRATOR
c/o Rust Consulting, Inc.
201 S Lyndale Avenue
Faribault, MN 55021

To email claim: info@foogobottlesettlement.com
Class Counsel
Janine Pollack
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
Lee Shalov
MCLAUGLIN & STERN LLP
Brett Zinner
ROSENBERG FORTUNA & LAITMAN LLP
Defense Counsel
Joseph A. Cancila, Jr.
Sondra A. Hemeryck
Matthew G. Schiltz
SCHIFF HARDIN LLP

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