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Wednesday, September 18, 2019

Lawsuit: CamelBak Eddy water bottles are defective, not spill-proof as marketed

Federal Court

By Marian Johns | Aug 19, 2019


SAN FRANCISCO (Legal Newsline) – A California woman is suing the makers of CamelBak water bottles alleging one bottle design is defective and not "spill-proof" as advertised.

According to the Aug. 8 filing in the U.S. District Court for the Northern District of California, Rachel Lepkowski filed a suit on behalf of herself and all others similarly situated against CamelBak Products LLC and CamelBak International LLC alleging violation of the Magnuson-Moss Warranty Act, California's Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law, breach of express warranty, breach of merchantability, unjust enrichment, negligent misrepresentation and fraud. 

Lepkowski alleges that the spill-proof labeling, marketing and advertising of CamelBak's eddy water bottle is deceptive. The plaintiff alleges water runs, flows and falls out of the bottles despite CamelBak's website and packaging clearly stating they are "spill-proof." 

The plaintiff also argues that CamelBak is aware of their product's defect from consumer complaints and its website has an FAQ question titled "How Can I Fix my Leaky Water Bottle?"

Lepkowski seeks compensatory and punitive damages and attorneys' fees and expenses for the plaintiff class. 

Attorneys for the plaintiff are L. Timothy Fisher, Neal Deckant and Scott Bursor, with Bursor & Fisher in Walnut Creek, California and Miami.

U.S. District Court for the Northern District of California case number 3:19-cv-04598

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