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:
