Two California women are claiming that Newell Brands, the maker of Rubbermaid, has duped consumers by failing to disclose that its products may expose them to harmful microplastics.
Marija Andesilic and Passion Lowe are suing Newell over the alleged misrepresentation of Rubbermaid containers labeled “microwave safe,” “microwave reheatable” and “freezer safe,” according to an April 28 filing in U.S. District Court for Central California.
The complaint alleges that some of Rubbermaid’s containers release microplastics into food when microwaved or frozen despite the product’s label saying they are safe for such uses.
“Defendant has duped consumers nationwide out of millions of dollars, placing their health and welfare in jeopardy,” the complaint alleges. “Sadly, this also includes millions of families specifically targeted for purportedly safe on-the-go school and work meals, and vulnerable children for whom ingesting microplastics is especially dangerous.”
The lawsuit is a class action, meaning it has been filed on behalf of anyone around the country who has purchased the products.
It follows a similar suit filed days earlier in Northern California District Court against S.C. Johnson, the maker of Ziploc. Both cases are being represented by counsel from Clarkson Law Firm, based in California.
USA TODAY has reached out to Newell Brands for comment.
Lawsuit claims Rubbermaid misrepresented plastic containers
The class-action complaint against Rubbermaid maker Newell Brands alleges the company may have knowingly misrepresented storage containers labeled safe for microwave and freezer use.
The filing says the containers “pose the danger of leaching microplastics when heated and frozen.”
Over time, the complaint alleges, consumption of these microplastics “can cause serious health risks such as compromising the immune system, damaging the digestive tract, and increasing the risk of various cancers.”
Ziploc class action: S.C. Johnson facing lawsuit over alleged undisclosed microplastics
What are microplastics? Are they harmful?
Microplastics are small plastic particles that come from broken down plastics, according to a study in the National Library of Medicine.
Research — such as a 2023 study in the Environmental Science & Technology journal — widely indicates that microwave heating of plastic containers releases a high amount of microplastics into the food inside.
In turn, consumers may be unknowingly ingesting microplastics, which can cause a variety of health issues over time, according to the Environmental Working Group.
Meanwhile, the plastic industry rejects some of this research.
Matt Seaholm, CEO and president of the Plastics Industry Association, said in a recent statement to USA TODAY that plastic provides “unmatched safety, protection, and efficiency across countless applications while offering the potential for reuse and recycling.”
Should you worry about plastic? Study links hundreds-of-thousands of deaths to plastic
Which products are included in the Rubbermaid class-action lawsuit?
The items in the lawsuit include more than a dozen types of Rubbermaid’s “TakeAlongs” products, including food storage containers and meal prep sets.
According to Rubbermaid’s website, the “TakeAlongs” products are intended for “portable food storage.”
“These containers can go to parties, picnics or cookouts, or fill them with treats and share with friends,” one product description says.
Rubbermaid class-action lawsuit: What could happen?
The case is a class action, which is a type of civil lawsuit brought on behalf of a group of people who have been harmed in the same way by the same entity, according to Harvard Law School.
The court will have to certify the lawsuit as a class action before it proceeds as one.
If a settlement is reached, members of the class who opt into the case receive an equal portion of the money.
The plaintiffs in this suit are pushing for the class to be defined as all consumers nationwide who have purchased the products within an applicable statute of limitations period.
Contributing: Elizabeth Weise, USA TODAY
Melina Khan is a trending reporter covering national news for USA TODAY. She can be reached at MKhan@gannett.com.
This article originally appeared on USA TODAY: Rubbermaid hit with class-action lawsuit over microplastics concerns
