Emerson Electric Avoids Nationwide Class Action on Vacuums

A lawsuit accusing Emerson Electric Co. of deceptive advertising with regard to its RIGID brand vacuums was wrongly certified as a nationwide class action, the Eighth Circuit ruled Nov. 1.

Emerson markets its vacuums by emphasizing their “peak horsepower,” the maximum potential output of their motors. The company acknowledges that the vacuums only achieve this output in laboratory settings, and that a consumer using a standard wall outlet would get less horsepower.

Plaintiffs brought a class action on behalf of consumers nationwide alleging violations of the Missouri Merchandising Practices Act and other states’ consumer protection laws, breach of warranty, and ...