Fuel Gel Class Action Claims Go On; Named Plaintiff Found to Be Out Money

A putative class action over pourable gel fuel will continue after a federal district court March 15 rejected efforts by the product’s manufacturer to dismiss the complaint on standing and pleading grounds (Overton v. Bird Brain Inc., C.D. Cal., No. 8:11-cv-01054).

Plaintiff Meryl Overton alleged she purchased the $24.99 Firepot Fuel Gel without knowing about its potential for erupting into vapor flash fires. Overton, who alleged no injuries from using the gel, said she would not have purchased the fuel, which is used in decorative fire pots, had she known of its fire dangers.

Judge David O. Carter ...