Cupkin Children’s Cup Lawsuit: Trust Tested By Lead Claims

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Parents' Trust Is Shaken As Cupkin Recalls Children's Cups For Lead Concerns, Sparking A Class Action Lawsuit Over Product Safety.

When you're a parent, safety is a non-negotiable, especially when it comes to products for your kids. So, when the news broke about Cupkin stainless steel children's cups being recalled for containing lead, it's no wonder a class action lawsuit quickly followed.

Pouring over allegations

When it comes to the safety of our children, we all pay extra attention, especially regarding the products they use every day. This concern is at the center of a class action lawsuit led by plaintiff Joesette Johnson. The case brings to light serious allegations that the Cupkin stainless steel children's cups, which come in various sizes and cheerful color combinations, might contain lead—a harmful substance that's particularly dangerous for the developing brains and bodies of young kids.

Johnson is challenging the manufacturer, Soojimus, LLC, accusing them of marketing these double-walled stainless steel cups as safe and effective while failing to reveal a significant health hazard: the potential for lead poisoning. Her complaint emphasizes the cups' defects and the lack of disclosure regarding their lead content.

Johnson contends that had she been informed of the lead risks associated with these cups, she would have either avoided purchasing them altogether or insisted on a substantially reduced price.

“If Plaintiff had been aware of the risk of poisoning in the Products, she would not have purchased the Products, or would have paid significantly less,” the Cupkin class action states. 

Cupkin recalls children’s cups

Over 340,000 Cupkin children's cups were voluntarily recalled in July 2023, prompted by concerns that the products exceeded safe lead levels as established by federal guidelines.

Soojimus, the company behind these cups, has recognized the potential hazard and has recommended that customers stop using the affected cups. This action, endorsed by the Consumer Product Safety Commission (CPSC), was a decisive call for immediate discontinuation of use to protect children from the risks associated with exposure to lead.

Wider worries

The Cupkin class action lawsuit levels several accusations against Soojimus, citing negligence and breach of warranty among them. Johnson is pursuing the case not only for her own compensation but also for all consumers who have acquired these cups, with an eye toward representing a nationwide class and an additional subclass in South Carolina.

The issues with Cupkin cups are part of a wider concern in the drinkware industry. Earlier in the year, another class action lawsuit surfaced, targeting the makers of the popular Stanley Quencher cups for similar reasons, alleging that these products also contain lead.

Johnson is pushing for a jury trial and is asking for a range of reliefs and damages for all affected class members, underlining the seriousness of the matter. The Cupkin recall action was a critical step, but for many parents, it also signified a breach of trust—one that they had placed in a product they believed to be safe for their children.

The plaintiffs are represented by Paul J. Doolittle and Blake G. Abbott of Poulin Willey Anastopoulo LLC. 

The Cupkin children’s cups class action lawsuit is Johnson v. Soojimus LLC, Case No. 1:24-cv-01144, in the U.S. District Court for the District of South Carolina.

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