Rubbermaid Faces Class-Action Lawsuit Over Alleged Microplastic Exposure

Two California women, Marija Andesilic and Passion Lowe, have filed a class-action lawsuit against Newell Brands, the manufacturer of Rubbermaid products, alleging that the company misled consumers by failing to disclose that its containers may release harmful microplastics into food. The lawsuit, filed on April 28 in the U.S. District Court for Central California, claims that Rubbermaid misrepresented its containers labeled "microwave safe," "microwave reheatable," and "freezer safe."

The complaint alleges that despite these labels, some Rubbermaid containers leach microplastics into food when microwaved or frozen. The lawsuit asserts that Newell Brands has defrauded consumers nationwide out of millions of dollars, potentially endangering their health and well-being. The complaint specifically highlights the targeting of families seeking safe on-the-go meal solutions for school and work, and the particular vulnerability of children to the health risks associated with microplastic ingestion.

The lawsuit seeks to represent a class of all consumers across the country who have purchased the products within the applicable statute of limitations period. This means that if the court certifies the lawsuit as a class action, anyone who bought the affected Rubbermaid products could potentially be eligible to participate in the case and receive compensation if a settlement is reached.

This lawsuit follows a similar one filed just days earlier in the Northern California District Court against S.C. Johnson, the maker of Ziploc bags. Both cases are being represented by attorneys from Clarkson Law Firm, a California-based firm specializing in consumer protection litigation.

USA TODAY has reached out to Newell Brands for comment on the lawsuit, but as of the time of this article, the company has not yet issued a statement.

The class-action complaint against Newell Brands alleges that the company may have knowingly misrepresented its storage containers labeled as safe for microwave and freezer use, despite the potential for them to leach microplastics when heated or frozen. The lawsuit further claims that over time, the consumption of these microplastics can lead to serious health problems, including compromising the immune system, damaging the digestive tract, and increasing the risk of various cancers.

The concern over microplastics has been growing, with increasing awareness of their presence in various products and environments. Microplastics are defined as small plastic particles that result from the breakdown of larger plastic items. A study published in the National Library of Medicine defines them as such and sheds light on their potential impact on human health.

Several research studies have indicated that microwaving plastic containers can release a significant amount of microplastics into the food inside. For instance, a 2023 study published in the journal Environmental Science & Technology found substantial evidence of microplastic release during microwave heating of plastic containers. This raises concerns that consumers may be unknowingly ingesting microplastics when using these containers to heat food.

The Environmental Working Group has also highlighted the potential health risks associated with microplastic ingestion. The organization has published information on the possible adverse effects of microplastics on human health, drawing attention to the need for greater awareness and research in this area.

However, the plastics industry has challenged some of the research findings on microplastics, arguing that plastic materials offer numerous benefits in terms of safety, protection, and efficiency. Matt Seaholm, CEO and president of the Plastics Industry Association, recently stated to USA TODAY that plastic provides unmatched safety, protection, and efficiency across countless applications while offering the potential for reuse and recycling.

The specific Rubbermaid products named in the lawsuit include more than a dozen types of Rubbermaid TakeAlongs products, including food storage containers and meal prep sets. According to Rubbermaid’s website, the TakeAlongs products are intended for portable food storage and are marketed as being suitable for various occasions, such as parties, picnics, and cookouts.

The lawsuit highlights the legal nature of a class action, emphasizing that it is a type of civil lawsuit filed on behalf of a group of people who have suffered similar harm from the same entity. Harvard Law School provides a detailed explanation of class-action lawsuits, outlining the requirements for certification and the process for members of the class to participate in the case.

The court will have to certify the lawsuit as a class action before it can proceed as such. If a settlement is reached, members of the class who choose to participate will receive an equal share of the settlement funds. The plaintiffs in this suit are seeking to define the class as all consumers nationwide who have purchased the products within the applicable statute of limitations period. This could potentially include a large number of consumers across the country.

The article also references another article titled "Should you worry about plastic? Study links hundreds-of-thousands of deaths to plastic," hinting at the broader implications of plastic use and its potential impact on public health. The inclusion of this reference suggests a growing concern about the widespread use of plastics and the need for further investigation into their potential health risks.

This lawsuit against Newell Brands underscores the increasing scrutiny being placed on the safety of plastic food containers and the potential for them to release harmful microplastics. As research continues to shed light on the potential health effects of microplastic ingestion, consumers are becoming more aware of the risks and are demanding greater transparency from manufacturers about the safety of their products. The outcome of this class-action lawsuit could have significant implications for the plastics industry and for consumer protection efforts.