Foogo® Leak-Proof Bottles

May 2015: A federal judge granted final approval of this settlement.

December 2014: A federal judge preliminarily approved a settlement of this false advertising class-action lawsuit. According to the settlement terms, class members with proof of purchase may receive either a full refund for every product purchased or a new product for every one purchased. Class members without proof of purchase may receive a one-time cash refund of $4.50 for Vacuum Bottles purchases, a one-time cash refund of $8.50 for Plastic Bottle purchases, or one new product. In addition, the company removed the phrase “leak-proof” from the bottle’s packaging after the lawsuit was filed and agreed to ask the top ten retailers of the bottles to remove any “leak-proof” references from their online advertising. A final approval hearing is scheduled for May 27, 2015.

August 2013: Consumers filed a class-action lawsuit against Thermos L.L.C. alleging that the company falsely advertises its Foogo® bottle line designed for infants and young children, specifically the Foogo® Vacuum Insulated Leak-Proof Straw Bottle and the Foogo® Plastic Leak-Proof Straw Bottle, as “leak-proof” when they are not.  (Milman et al. v. Thermos L.L.C., Case No. 13-cv-04954, D. N.J.).