The class-action lawsuit follows a similar case filed days earlier in Northern California District Court against S.C. Johnson, the maker of Ziploc.
Two California residents have initiated legal action against Newell Brands, the prominent manufacturer behind the Rubbermaid line of household products, alleging that the company has engaged in deceptive practices by failing to adequately inform consumers about the potential for its containers to leach harmful microplastics into food.
According to a legal filing dated April 28 and submitted to the U.S. District Court for the Central District of California, Marija Andesilic and Passion Lowe are the named plaintiffs in a class-action lawsuit targeting Newell Brands. The lawsuit specifically challenges the marketing and labeling of Rubbermaid containers bearing claims such as “microwave safe,” “microwave reheatable,” and “freezer safe.”
The core of the complaint asserts that certain Rubbermaid containers release microscopic plastic particles, known as microplastics, into the food they hold when subjected to microwaving or freezing temperatures, despite the product labeling suggesting their suitability for such uses. The plaintiffs contend that this alleged leaching of microplastics poses a significant and undisclosed risk to consumer health.
The lawsuit makes a strong accusation against Newell Brands, stating, “Defendant has duped consumers nationwide out of millions of dollars, placing their health and welfare in jeopardy. Sadly, this also includes millions of families specifically targeted for purportedly safe on-the-go school and work meals, and vulnerable children for whom ingesting microplastics is especially dangerous.” This statement highlights the plaintiffs’ concern for a broad range of consumers, particularly families and children, who rely on these containers for food storage and preparation.
The legal action is structured as a class-action lawsuit, meaning it has been filed on behalf of a potentially large group of individuals across the United States who have purchased the implicated Rubbermaid products. This procedural approach allows numerous individuals who have allegedly suffered similar harm to collectively pursue legal recourse against the defendant.
This lawsuit against Newell Brands follows closely on the heels of a similar legal challenge filed days earlier in the Northern California District Court against S.C. Johnson, the manufacturer of Ziploc brand storage bags and containers. Both legal cases, alleging the undisclosed leaching of microplastics from food storage products, are being represented by legal counsel from the Clarkson Law Firm, a California-based firm specializing in consumer protection litigation. The parallel nature of these lawsuits suggests a growing concern and legal scrutiny regarding the potential for plastic food storage products to release microplastics under common usage conditions.
The class-action complaint against Newell Brands specifically alleges that the company may have knowingly misrepresented the safety of its storage containers that are labeled as safe for microwave and freezer use. The legal filing asserts that these containers “pose the danger of leaching microplastics when heated and frozen,” directly contradicting the safety assurances provided on the product labeling.
The lawsuit further details the potential long-term health consequences associated with the consumption of these microplastics. Over time, the complaint alleges, the ingestion of these microscopic plastic particles “can cause serious health risks such as compromising the immune system, damaging the digestive tract, and increasing the risk of various cancers.” These are significant health concerns that underscore the gravity of the plaintiffs’ allegations against Newell Brands.
To provide context, the news report includes a brief explanation of microplastics and the ongoing scientific debate surrounding their potential harm. Microplastics are defined as small plastic particles that originate from the breakdown of larger plastic materials, as indicated by research cited from the National Library of Medicine.
The report also references a 2023 study published in the Environmental Science & Technology journal, which reportedly indicates that the microwave heating of plastic containers leads to the release of a substantial quantity of microplastics into the food contained within. This scientific finding lends support to the plaintiffs’ claims regarding the potential for Rubbermaid containers to leach microplastics during microwave use.
Furthermore, the Environmental Working Group is cited as a source suggesting that consumers may be unknowingly ingesting these microplastics, which could potentially lead to various adverse health effects over time. This highlights the potential for widespread exposure and the associated public health implications.
Conversely, the plastic industry, through the Plastics Industry Association, has reportedly rejected some of the research linking plastic use to health concerns. Matt Seaholm, CEO and president of the association, is quoted as stating that plastic provides “unmatched safety, protection, and efficiency across countless applications while offering the potential for reuse and recycling.” This statement represents the industry’s perspective on the safety and benefits of plastic materials.
The news report also identifies the specific Rubbermaid products that are included in the class-action lawsuit. The items listed encompass more than a dozen types of Rubbermaid’s “TakeAlongs” product line, including various food storage containers and meal prep sets. According to information available on Rubbermaid’s website, the “TakeAlongs” products are specifically marketed for “portable food storage,” with product descriptions suggesting their use for a variety of occasions, including parties, picnics, and sharing food with friends. This marketing emphasis on portability and convenience for everyday use further underscores the potential for widespread consumer exposure to the allegedly leaching microplastics.
Finally, the news report provides context on the nature of class-action lawsuits and the potential outcomes of the case against Newell Brands. A class action is described as a type of civil lawsuit brought on behalf of a group of individuals who have suffered similar harm from the same entity. Before the lawsuit can proceed as a class action, the court will need to certify it as such, determining that the criteria for class representation have been met.
In the event of a settlement, individuals who are identified as members of the class and who choose to participate in the case would typically receive an equal share of any monetary compensation awarded. The plaintiffs in this particular lawsuit are advocating for the class to be defined broadly, encompassing all consumers nationwide who purchased the implicated Rubbermaid products within the relevant legal time frame (statute of limitations). This broad definition of the class underscores the potential scale of the alleged consumer harm and the potential financial implications for Newell Brands.
