LOS ANGELES (Legal Newsline) – A California consumer has filed a class action lawsuit against the manufacturer of the Cosco brand of car seats for allegedly overstating height and weight limits on its car seats.
A class action lawsuit was filed by Arriane Henryhand on behalf of herself and others in a similar situation on Jan. 9 in the U.S. District Court for the Central District of California against Dorel Juvenile Group Inc. The lawsuit alleges Henryhand sustained damages after she was deceived into purchasing a Cosco convertible car seat that she alleges doesn’t function as labeling says it does.
“At this time, details regarding this situation are still being gathered,” Rick Leckner, president of MaisonBrison Communications, which represents Dorel, told Legal Newsline.
“Further, as a matter of policy, Dorel Juvenile does not comment on pending litigation."
Court documents filed on Jan. 26 say that a Stipulation Extending Time to Answer the complaint was issued to Dorel Juvenile Group Inc. Its answer is now due on March 3, 2017.
“We [Dorel] remain focused on children, families and overall care for precious life,” Leckner said.
The lawsuit states that Dorel allegedly labeled its Cosco Apt 40 and 50 car seats for rear-facing children between 5 and 40 pounds, or 19 to 40 inches in height. The lawsuit also says the car seats were allegedly labeled for forward-facing children who are 22-40 pounds, or 34 to 43 inches in height.
“However, on information and belief, the Cosco Apt 40 Convertible Car Seat and its successor, the Cosco Apt 50 Convertible Car Seat, fail to accommodate children up to these advertised height and weight limits,” the lawsuit says.
However, according to the lawsuit, Dorel failed to reveal the accurate actual height and weight specifications of the seat, and Henryhand alleges that the car seats don’t fit children up to the advertised height and weight.
“As a result of its height and weight limit claims, consumers purchase the Cosco Apt Car Seats under the false expectation that the car seats will be suitable for children until they can be moved to a booster seat, which is the primary purpose of utilizing convertible car seats,” the suit states. “Unfortunately, this is rarely, if ever, the case.”
The lawsuit says Henryhand seeks a trial by jury, compensatory, exemplary, and statutory damages in addition to interest, disgorgement, all legal fees, as well as interest and any other equitable relief.
The most recent court documents, filed on Feb. 3, state that Henryhand has asked for more time to file her motion to certify a class.