BOSTON (Legal Newsline) -- A consumer recently filed a class-action lawsuit against the manufacturer of “no-spill” toy bubble buckets, alleging that the buckets do, in fact, spill.
Jonathan Huzarsky, on behalf of himself and all others similarly situated, filed suit on Oct. 21 in U.S. District Court for the District of Massachusetts against Little Kids, Inc., alleging violations of consumer protection laws, negligent misrepresentation, breaches of warranty and unjust enrichment.
Little Kids manufactures and specifically markets various types of purportedly “no spill” toy bubble buckets called “Bubblin’ Buckets,” which the company claims are designed to prevent spills when young children knock them over, drop them or turn them upside down.
Huzarsky argues that this feature is valuable for parents with young children and, as such, the marketing and claims of the defendants present a convincing reason to purchase the buckets.
He alleges, however, that the buckets actually have a strong tendency to spill that is inherent in the design of the products. He also alleges that, despite being aware of such inherent design defect, Little Kids continues to charge a premium price for the buckets
Huzarsky is suing for compensatory damages, statutory and punitive damages, restitution, legal costs and an injunction against Little Kids so it is prohibited from continuing to market the buckets as "no spill."
He is represented by David Pastor of Pastor Law Office, LLP, in Boston; Jason P. Sultzer of The Sultzer Law Group, P.C. in Poughkeepsie, N.Y.; and Brett D. Zinner of Rosenberg Fortuna & Laotian, LLP in Garden City, N.Y.
U.S. District Court for the District of Massachusetts case no. 1:15-cv-13613-DJC