NEW YORK (Legal Newsline) – Rubbermaid coolers that promise to hold ice for five days fail to do so because ice can’t stay solid for more than a few moments, a class action lawsuit alleges.
Sheehan & Associates and attorney James Chung teamed to file the case against the company Jan. 13 in New York federal court. Their client, Lori Marie Turk, is upset with the performance of the 102-quart Rubbermaid Marine Cooler.
“Had Plaintiff known the truth about the misrepresentations and omissions, he would not have purchased the Product,” the complaint says. “Instead, he may have purchased a competing product that is less expensive.”
To make a claim for injunctive relief, the complaint says Turk will consider buying the cooler in the future if Rubbermaid corrects is labeling and advertising.
“Simply put, ice cannot ‘keep’ the solid state for more than a few moments, let alone the claimed amount of days,” the suit says.
“Therefore, Defendant’s claim ‘keeps ice’ for a specified amount of days fails under the scientific interpretation.”