Sept 9 (Askume) – Handi-Craft Co on Friday rejected claims that it failed to warn parents that its plastic baby bottles release microplastics when heated, partly because microplastics are ubiquitous and their health effects have not been proven.
Handi-Kraft and another baby bottle maker, Philips North America Inc., are both facing a proposed class action lawsuit claiming they failed to warn parents that polypropylene bottles and cups sold under the Philips Avent and Handi-Kraft’s Dr. Brown’s brands could cause harmful effects. Regular use of the warmer could expose babies to tiny plastic particles that could interfere with their digestive, reproductive and immune systems. Both companies have moved to dismiss the charges against them.
In its motion to dismiss, Handi-Craft argued that the consumers who sued failed to explain how liability should be allocated “when microplastics are so prevalent and ‘unavoidable’ that humans continue to ingest and inhale them from countless sources.”
Lawyers representing the consumers said in a statement that Handi-Craft’s arguments ignore parents’ desire to minimize harm.
“Caregivers could reasonably have made different choices instead of using products that cause infants to unnecessarily ingest microplastics,” the attorneys said in a statement.
A spokesperson for Philips North America said in a statement that the company disagrees with the allegations. The statement said that Philips Avent plastic bottles are safe to use and comply with all applicable safety requirements worldwide.
Handi-Craft did not respond to a request for comment.
California-based consumers filed parallel lawsuits against Phillips and Handi-Kraft in June in the U.S. District Court for the Northern District of California. The plaintiffs hope to represent purchasers of the products in California and across the country who are seeking damages and an injunction barring the sale and marketing of the products without evidence that indicates the products are safe.
In a motion to dismiss filed Sept. 3, Phillips argued that the plaintiffs failed to determine how much microplastic might escape from the bottles, or whether that amount could pose a threat.
Handi-Craft also asked the judge overseeing the case to dismiss some of Nationwide’s claims, arguing that state laws governing consumer products are too different to proceed as a nationwide lawsuit.
The cases are Miller v. Phillips North America LLC and Cortez v. Handy-Craft Co. Inc., U.S. District Court, Northern District of California, Nos. 3:24-cv-03781 and 4:24-cv-03782.
Plaintiffs: Ryan Clarkson, Bahar Sodaifi, Kelsey Alling and Alan Gudino of Clarkson Law Firm
Phillips: Cortlin Lannin, Megan Rodgers and Raymond Lu of Covington & Burling
In craft: Eze Palansky, Stephen Siegel, Yvette Mishev, Elizabeth Wolicki and Jack Butz of Armstrong Teasdale and Dana Feinberg of O’Hagan Meyer;
