DeMarini Faces Class Action Over “New” Baseball Bats That Were Never Performance-Tested

Case Overview: A proposed class action claims DeMarini marketed baseball bats as “performance-enhanced” while certifying them only for appearance changes under the BBCOR standard.

Consumers Affected: Buyers of DeMarini baseball bats sold as new or enhanced models between 2022 and 2025.

Court: U.S. District Court for the District of Utah

Baseball equipment maker DeMarini Sports misled consumers by advertising its bats as performance-enhanced while secretly certifying them through a process meant only for cosmetic updates, a new lawsuit claims. 

The proposed class action alleges DeMarini marketed new bat models as structurally improved and faster while telling regulators they were identical to older versions except for their appearance, a practice the complaint argues amounts to deception under consumer protection laws.

Plaintiff Says Company Charged Premium Prices for Cosmetic Changes

Utah resident Brian Duryea filed the lawsuit after purchasing 11 DeMarini bats between 2022 and 2025, each costing several hundred dollars. He says he relied on DeMarini’s marketing, which promoted the bats as new and enhanced versions of previous models. 

But internal records from Washington State University’s Sports Science Lab, which oversees NCAA bat testing, showed the models had been approved through the Cosmetic-Change pathway, meaning they were not performance-tested at all.

Duryea argues that if he had known DeMarini told regulators the bats were unchanged, he never would have bought them. He claims the company’s nondisclosure of its certification process misled him and other players into overpaying for bats that looked new but played the same. 

Even worse, he says, DeMarini continues to market newer models as upgraded without disclosing whether they were tested for performance or simply rebranded.

BBCOR Certification Process at Center of Misrepresentation Claims

At the center of the lawsuit is the BBCOR certification standard, which governs the legality of bats used in high school and college baseball. Manufacturers can gain approval in two ways: by submitting bats for new performance testing through WSU’s lab, or by using the Cosmetic-Change pathway for models that change “only in appearance.”

According to the complaint, DeMarini blurred that line, promoting bats with supposed design and performance improvements while seeking certification under the appearance-only category. Because both types of bats bear the same BBCOR stamp, players have no way to tell which have been performance-tested. 

The lawsuit alleges that this uniform labeling, combined with marketing touting “new” and “enhanced” models, systematically misleads consumers across multiple bat lines, including BBCOR, USSSA, and USA Baseball versions.

DeMarini Lawsuit Adds to Growing List of Sports Equipment Disputes

DeMarini joins a growing list of sports equipment companies facing legal scrutiny. Acushnet, the maker of Titleist golf balls, is being sued for allegedly shorting customers by mixing lower-end balls into premium dozen boxes. 

JOOLA, a major pickleball brand, faces claims it sold paddles as “approved for play” even after that approval was revoked. Meanwhile, Swiss shoe brand On is accused of selling expensive running shoes that squeak loudly with every step, a flaw consumers say the company failed to disclose.

Duryea is bringing the case on behalf of all U.S. consumers who purchased DeMarini bats over the past four years. He’s seeking damages, restitution, and a court order requiring DeMarini to clearly disclose when bats are certified through the Cosmetic-Change process.

Case Details

• Lawsuit: Duryea v. DeMarini Sports, Inc.
• Case Number: 1:25-cv-00163 
• Court: U.S. District Court for the District of Utah 

Plaintiffs' Attorneys

• Kennedy D. Nate (Ray Quinney & Nebeker P.C.)

Do you think sports gear companies should disclose when a “new” model isn’t actually retested? Tell us what you think below.