Fitbit Faces Lawsuit Over Allergic Reactions

Last month, Fitbit issued a recall of its Force fitness bracelets over allegations that some consumers were experiencing skin irritations and rashes. As reported on the company’s website, “some users may be reacting to nickel in the stainless steel used in the device.” Although Fitbit is quick to point out that the nickel content meets “stringent regulatory requirements,” it nevertheless halted sales and issued a voluntary recall of Force bracelets. The Wall Street Journal reports that 1.7% of Force users have experienced skin irritation after using the bracelet – and now a class action lawsuit has been filed over allegations that the company misled customers in promoting and advertising its product.

Considering that a voluntary recall is already in place, Fitbit is dismissive of the lawsuit.

The suit was filed this week in the Superior Court of California in the County of San Diego, seeking a commitment from Fitbit to contact each and every Force owner in the state to arrange a refund of $130, plus tax and shipping costs. Considering that a voluntary recall is already in place, Fitbit is dismissive of the lawsuit, telling TechCrunch that “[w]e strongly disagree with the statements about the product and the Company.

1.7% of Fitbit users equates to roughly 9,900 customers nationwide. With the lawsuit limited to California, it doesn’t look like a large class membership is on the table, though class action status may still be justified. At the time of the recall, Fitbit alerted the Consumer product Safety Commission of its actions, and recall information can now be found on the CPSC’s website. The official hazard warning states that:

The plaintiff in the suit, Jim Spivey, hasn’t actually experienced any skin problems – so why is he taking legal action? “I have a concern that there is still a risk of developing an injury for me and others,” he told the WSJ. Spivey, it seems, is concerned that Fitbit Force was manufactured and sold without any warning being given to consumers about allergy risks, and didn’t find out about the nickel reactions until searching the company’s website for information about his Force. It’s a good principle to uphold – companies should be held accountable for faulty products, after all, and there’s often no smoke without fire – but it’s tempting to see this particular suit as an overreaction to an unforeseeable issue that has already been addressed. On the other hand, as the complaint itself points out:

How this suit will fare in the courts remains to be seen – for now, Fitbit seems to be in damage control mode, and any users who experience skin irritations while using their Force would be well advised to see the company’s Fitbit Force Skin Irritation FAQs page.