As reported by Law360 (subscription), a Georgia federal judge has ruled that consumers alleging that Graco Inc. improperly and fraudulently marketed some of its child booster seats can move forward against the defendants’ objections. The court noted that it left much of the original suit intact in part because Graco made express representations about the effectiveness of the child seats.
The class action accuses Graco of aggressive and improper marketing of these unsafe booster seats, including allegations that Graco knew, even while it was making representations to consumers about the professed safety of its seats, that the seats were not safe, should not be used by children under forty pounds, and provided little to no side-impact protection. Parents who purchased these booster seats for their under-40-pound children claim Graco perpetrated a potentially lethal fraud in concealing information that the seats in question are unsafe for smaller kids.
The plaintiffs in the suit are represented by Lieff Cabraser and co-counsel.
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