OAKLAND, Calif. (Legal Newsline) — A California consumer has initiated a consumer class action over Bindle Bottles allegedly containing lead and BPA.
Jennifer Mikalacki individually and on behalf of all others similarly situated filed a complaint Feb. 27 in the U.S. District Court for the Northern District of California against Bindle Bottle LLC, alleging violation of California's False Advertising Law and other claims.
Mikalacki claims that the defendant's bottles are defective due to containing "extremely" high levels of lead and also contain BPA, which makes the product "completely worthless at the point of purchase." She also claims the defendant's recall was mismanaged, which left consumers confused, frustrated and unsure of how to obtain a refund.
Mikalacki alleges that a February 2023 Consumer Reports testing showed the bottles have 1,100 times the lead levels that are legally allowed. She also alleges Bindle's marketing and labeling of the product is deceptive, false and misleading regarding its omission of the presence of BPA and lead in the bottles. Mikalacki claims if consumers had known about the presence of lead and BPA in the bottles, they would not have purchased the product or would have paid less for the bottle.
Mikalacki and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Yeremey Krivoshey and Sean Litteral of Bursor & Fisher PA in Walnut Creek, California.