Stanley Tumbler Maker Sued Again Over Alleged Lead, Advertising

Feb. 15, 2024, 7:43 PM UTC

Pacific Market International LLC, the parent company behind the viral Stanley tumbler, was hit with another proposed class action alleging it negligently failed to disclose the presence of lead in its viral Adventure Quencher tumblers.

PMI promoted the cups as safe to use during strenuous outdoor activities while concealing the risk of lead exposure if the cups are dropped or damaged, the complaint filed Wednesday in the US District Court for the Western District of Washington alleges. Robin Krohn says she wouldn’t have paid as much for her Stanley cup if she had known the product contained any lead and seeks to represent a class of consumers who bought the tumblers after February 2019.

Stanley’s reusable 40 oz. metal cup has morphed into a status symbol and internet phenomenon as a result of ramped up social-media marketing geared towards women starting in 2020. On the brink of discontinuation rumors, a popular consumer product blog called The Buy Guide bought 10,000 cups wholesale and sold them within a week.

The company then started creating limited edition collectible cups and just a few years later, social media influencers were showcasing collections of hundreds of cups. Stanley’s revenue reportedly ballooned ten-fold from $73 million in 2019 to $750 million in 2023.

Krohn’s suit comes on the heels of another proposed class action on behalf of California consumers who say PMI failed to disclose its use of lead to maintain its massive social media influencer-driven sales. In January 2024, in the wake of a wave of social media users showing their Stanley cups contained lead, the company admitted its vacuum insulation process involves lead at the base of the product but is covered with stainless steel. Experts have noted that lead isn’t on the surface and as long as the product remains intact, users aren’t at risk of coming into contact with lead.

But Krohn noted that PMI also “advertises and sells the Stanley cups to consumers with the assurance that they can be used during activity (i.e. hiking and climbing) where a consumer could drop and/or damage the Stanley cups.”

The complaint also notes that competitors like Hydro Flask, Owala, and Klean Kanteen have created alternative lead-free manufacturing processes for their bottles.

Krohn brings claims for breach of warranties, fraud, unjust enrichment, false advertising, and defective manufacturing under various consumer protection statutes.

She’s seeking an injunction barring PMI from selling the cups until the lead is removed or the company adds a full disclosure to its packaging and advertising. She is also seeking an order requiring corrective advertising, damages, and attorneys’ fees.

PMI and Stanley didn’t immediately respond to requests for comment.

Krohn is represented by Breskin Johnson Townsend PLLC, Gustafson Gluek PLLC, and Lockridge Grindal Nauen PLLP.

The case is Krohn v. Pac. Mkt. Int’l LLC, W.D. Wash., No. 2:24-cv-00200, complaint filed 2/14/24.

To contact the reporter on this story: Shweta Watwe in Washington at swatwe@bloombergindustry.com

To contact the editor responsible for this story: Patrick L. Gregory at pgregory@bloombergindustry.com

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