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Kaz Certification

On October 5, 2012 the United States District Court certified a class action that asserts breach of warranty and consumer protection statute violations claims for Californians that purchased SoftHeat, SmartHeat, Kaz and Dunlap branded heating pads since October 13, 2006. The case alleges that Kaz USA, Inc, and Kaz, Inc, the manufacturer of these heating pad brands, did not disclose, at the point of sale, the risks of injury, limitations and prohibitions of use at the point of purchase. The lawsuit further alleges that people bought Kaz heating pads which they either a) would not have purchase or b) would only have purchased for less than they paid had Kaz disclosed the material information at the point of purchase. The lawsuit contends that Kaz did not disclose following material information at the point of purchase:

  • Heating Pads Can Burn You Regardless of which control/heat setting is selected.
  • Heating Pad Users cannot fall asleep while using one.
  • Heating Pads cannot be used by placing them between a user and their bed, chair or sofa.
  • Heating Pad users must frequently check their skin during use of a Heating Pad.
  • Diabetics, people who have poor blood circulation, or are an invalid cannot use a Heating Pad unless another person carefully attends to them.
  • Heating Pads should not be folded.

The certified class action lawsuit contends that class members would either not have purchased a Kaz heating pad, had Kaz disclosed the information it concealed at the point of purchase, or purchased it for a lower price. (When the Class Representative Plaintiff purchased her heating pad in a drugstore, she saw the phrase “Auto-Shutoff” on the SoftHeat box. She believed that meant that the heating pad would shut-off before it would hurt her. She was wrong. The Kaz heating auto shut-off was time based, not heat or temperature based. She fell asleep with the heating pad on top of her, rolled-over onto her stomach, and the heating pad ended-up between her and her bed. When she awoke in the morning she was burned. The auto shut-off feature did not protect the Plaintiff’s safety.)

The certified class action seeks to recover a) the either difference between the price paid for Kaz heating pads sold to California residents and their value with full disclosure of the material information Kaz failed reveal at the point of purchase, or b) the purchase price.

If you too own a Kaz, SoftHeat, SmartHeat, Meijer or Dunlap heating pad you should contact Stuart Eppsteiner by email or phone: 800-237-0538

If you would like a copy of the Federal Court Certification Order email your request

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