Urgent Advisory: Halt Use of Certain Cool Gel Memory Foam Mattresses Due to Fire Risks
On August 28, 2023, the United States Consumer Product Safety Commission (CPSC), a federal body responsible for safeguarding Americans from hazardous consumer products, issued an urgent warning. Consumers are strongly advised to cease the use of specific memory foam mattresses produced by Classic Brands Holdings LLC, owing to a significant fire hazard. These mattresses do not comply with the federally mandated fire safety standards.
Established in 1973 through Congressional action, the CPSC oversees the safety of more than 15,000 varieties of consumer products, aiming to mitigate the unreasonable risk of severe injuries or fatalities. For reporting unsafe products or injuries related to such products, the CPSC has set up a hotline at 1-800-638-2772. Additional information regarding recalls can be obtained from the official website.
Notably, Classic Brands Holdings LLC, based in Columbia, Maryland, is ceasing operations and is, therefore, unable to carry out any recalls.
Affected Products
The warning applies to around 21,655 Classic Brands’ 10-inch Cool Gel Memory Foam mattresses, which were manufactured in Spain between January 2021 and August 2022. These mattresses were made available on various online platforms, including Amazon.com, Wayfair.com, Walmart.com, Macys.com, HomeDepot.com, and Target.com, between March 2021 and October 2022. The sizes of the mattresses under scrutiny include Twin, Twin XL, Full, King, and California King.
Identification and Next Steps
Customers who own these mattresses are urged to examine the ‘Date of Manufacture’ label to ascertain if their product falls within the warning’s scope. Mattresses lacking this label, or those with a removed label, that were made in Spain between the specified dates should no longer be used. Mattresses made in other countries or outside the specified date range are not affected by this notice.
Consumers are urged to dispose of the affected mattresses right away, following the regulations and guidelines set by local or state recycling programs. For those in California, Connecticut, Rhode Island, or Oregon, additional recycling information can be found at the Mattress Recycling Council’s website.
Additional Warnings
The CPSC emphasizes that these mattresses should neither be resold nor donated, including to thrift stores. Consumers are encouraged to report any incidents related to these hazardous products through the CPSC’s online reporting system.
Consumers are advised to visit the official CPSC website for further information and regular updates.
How to File a Civil Lawsuit Over Classic Brands’ Fire-Hazard Mattresses
Recent developments have revealed that specific 10-inch Cool Gel Memory Foam mattresses from Classic Brands Holdings LLC pose a substantial fire risk, according to warnings from the United States Consumer Product Safety Commission (CPSC). With the company folding, consumers left with these hazardous mattresses might be wondering what legal recourse is available to them. This article aims to guide you through the process of filing a civil lawsuit concerning this matter.
Identifying the Issue – The first step in the legal process is to ascertain whether your mattress is one of the affected products. Check the ‘Date of Manufacture’ label on the mattress to confirm if it falls within the concerned date range and place of manufacture (Spain between January 2021 and August 2022).
Gathering Evidence – Compile all documentation related to the purchase of the mattress—receipts, invoices and any communication with the seller. Take photographs of the mattress label, as well as any other identifying features. Additionally, document any injuries or damages that occurred due to the fire risk, as this can strengthen your case.
Consult with Parker Waichman LLP – Before you proceed, please consult with one of our attorneys, experienced in consumer law. They can provide you with advice tailored to your situation, helping you decide whether a civil lawsuit is the best course of action. Legal counsel can also inform you of any class-action lawsuits that are underway, as joining one could simplify the process and reduce costs.
File the Complaint – Your attorney will help you draft a complaint, which is the formal legal document that initiates the lawsuit. The complaint will outline the facts of the case, specify the legal grounds for the lawsuit, and list the damages you are seeking. This document will then be filed with the appropriate civil court.
Serve the Defendant – Since Classic Brands Holdings LLC is winding down its operations, serving the company might prove challenging. Your attorney will guide you through the proper channels for service to ensure that the legal process can proceed.
Legal Proceedings and Settlement – Once the complaint is filed and the defendant served both parties will enter into a discovery phase to exchange evidence. Negotiations for a settlement may occur at this point. If no agreement is reached, the case will proceed to trial, where a judge or jury will determine the outcome.
The legal journey might seem daunting, especially when grappling with a safety issue that puts you and your family at risk. However, the civil legal system exists to provide you with a channel for restitution and justice. Consulting a qualified attorney is the first step in ensuring that you navigate this intricate process as smoothly as possible.
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