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Another Consumer Sues Stanley’s Parent Company Over Lead Concerns

It’s at least the third proposed class action suit that the drinkware maker is facing. Stanley Quencher tumblers have been a mega seller at retail and in promo over the last year.

A New York woman has filed a proposed class action lawsuit against the parent company of drinkware brand Stanley, alleging that Pacific Market International (PMI) should be held accountable for failing to alert consumers that its virally popular tumblers contain lead.

The suit from Laura Barbu of Suffolk County, NY, is at least the third proposed class action brought against PMI. Filed Feb. 24 in the U.S. District Court for the Western District of Washington, Barbu’s complaint makes similar claims to suits docketed in the same court by Nevada resident Mariana Franzetti and California consumer Robin Krohn. PMI is based in Seattle.

pink Stanley cup

Barbu’s suit accuses PMI of fraud by omission, unjust enrichment, negligent misrepresentation and other offenses based on allegations the company deceived consumers about the safety of Stanley tumblers through failing to publicly disclose, until January 2024, that the drinkware contains lead.

Before the presence of lead was revealed, Barbu bought three Stanley cups at a box store’s website. She wouldn’t have done so, or wouldn’t have paid the alleged premium she did for them, if she knew about that lead, her attorneys say. In this, she was deceived and defrauded, the lawsuit maintains.

“As the result of defendant’s negligent and/or knowingly deceptive conduct, plaintiff was injured when she paid the purchase price or a price premium for the Stanley cups,” the lawsuit states.

Barbu’s complaint asks a judge to declare the case a class action. Like the Franzetti and Krohn suits, Barbu is seeking monetary damages and, among other things, asking that PMI be enjoined from selling Stanley cups until the lead is removed or “full disclosure of the presence of such appears on all labels, packaging and advertising,” her complaint reads.

The Lead Debate

As of this writing, Stanley’s attorneys hadn’t formally responded to any of the suits with a court filing, a review of records shows. PMI has previously said it would “vigorously defend itself against meritless claims.”

Excessive lead exposure can cause adverse health effects ranging from cardiovascular problems and kidney damage to nervous system issues and slower growth/development in children.

In January, PMI said the material it uses to vacuum-insulate tumblers at their base contains some lead, but asserted that this poses no health threat.

“Rest assured that no lead is present on the surface of any Stanley product that comes into contact with the consumer nor the contents of the product,” the statement said. PMI is reportedly working to create an alternative to lead for sealing.

Some health experts have declared that potentially harmful lead exposure from the Stanley products is minimal, at best.

“There really is practically zero risk of you ingesting any of the lead that’s in this cup,” Jack Caravanos, doctor of public health and professor of environmental public health sciences at New York University’s School of Global Public Health, told NBC News.

Nonetheless, a spokesperson for the U.S. Centers for Disease Control and Prevention gave a statement to TODAY.com asserting that using lead in manufacturing creates “a risk of lead exposure for consumers of those products, especially for products intended for use in food consumption, like drinkware. There is also a potential occupational safety risk for workers and, without proper safeguards, could be a risk for workers’ families through take-home lead exposures.”

Propelled to popularity in significant part by female social media influencers, Stanley tumblers have become the “it” drinkware. ASI Media named the Stanley Quencher the 2023 Product of the Year in the promotional products industry.

Top 40 promo suppliers Starline (asi/89320), HPG (asi/61966) and PCNA (asi/66887) are industry companies that carry Stanely products. HPG and Starline haven’t commented on the lawsuits or lead concerns, but PCNA previously issued a statement through its Chief Merchandising Officer Liz Haesler.

“Stanley has passed safety and compliance tests,” Haesler said. “All compliance documents are accessible on PCNA’s asset portal and our product pages. Transparency is key to trust, and we ensure that our customers have unimpeded access to all relevant product safety information. We will continue to listen to feedback from the industry and investigate all safety concerns across our assortment of products.”

The controversy over lead in Stanley gained legs as some consumers tested their drinkware for the chemical element with at-home kits, then shared the results on social media.