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After a years-long legal battle, parents who purchased Evenflo’s "Big Kid" booster seats are asking a Boston federal judge to grant preliminary approval of a $3.5 million settlement that would bring an end to multidistrict litigation (MDL) against the baby product manufacturer.

Evenflo, while maintaining that it did nothing wrong, has agreed to issue corrective notices regarding its booster seats, produce educational safety videos, and ensure its future marketing aligns with federal traffic regulations, according to a memorandum filed by the plaintiffs Thursday.

Millions on the Line—And a Promise for Safer Advertising

Beyond the financial settlement, Evenflo will pay verified buyers up to $50 in store credit. But for many parents, the case was never just about money—it was about trust.

After nearly five years of litigation, four of which were spent in the MDL process, the plaintiffs' legal team sees this as a fair outcome. While they believe they could ultimately win in court, they acknowledge the risks of continued litigation, according to their memorandum.

Mark P. Chalos, a partner at Lieff Cabraser Heimann & Bernstein LLP and co-lead counsel for the plaintiffs, backed the deal, stating in an affidavit that the settlement is "fair, adequate, reasonable, and in the best interests of the settlement class."

The Heart of the Allegations: Misleading Safety Claims

At the core of the lawsuit is the claim that Evenflo misrepresented the performance of its booster seats in side-impact collisions, particularly for children under 40 pounds.

Evenflo marketed the "Big Kid" seats as being safety-tested for children between 30 and 110 pounds. However, according to the plaintiffs, no federally approved booster seat safety tests exist for children under 40 pounds or for side-impact crashes.

The lawsuit gained traction after media reports questioned Evenflo’s safety claims, leading to a wave of proposed class-action lawsuits that were consolidated into the MDL in June 2020.

Evenflo’s Response and Settlement Terms

As part of the settlement, Evenflo will now inform consumers that the National Highway Traffic Safety Administration (NHTSA) recommends keeping children under 40 pounds in front-facing car seats rather than booster seats. Additionally, the company has agreed to clarify that its side-impact safety claims were based on in-house testing, not federal standards—because, at the time, no such standards existed.

The settlement fund will be distributed among verified buyers after attorney fees and administrative costs are deducted. Any remaining funds will be donated to tax-exempt organizations dedicated to child safety.

Under the agreement:

• All verified buyers will receive a $25 store credit.
• Those who can verify purchasing two seats will receive $50.

Legal Teams on Both Sides

The plaintiffs are represented by Mark Chalos and Christopher Coleman of Lieff Cabraser Heimann & Bernstein LLP, Martha Geer of Milberg Coleman Bryson Phillips Grossman PLLC, and Steve Berman and Shayne Stevenson of Hagens Berman Sobol Shapiro LLP.

Evenflo is represented by Stephen Hansen, Tristan Duncan, and Daniel Rogers of Shook Hardy & Bacon LLP.

With the settlement awaiting preliminary approval, parents and safety advocates will be watching closely, hoping this case leads to greater transparency in the child car seat industry.