$3.5M Evenflo Settlement Aims to Resolve Lawsuit Over Big Kid Booster Seat Safety Concerns

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Evenflo Company has agreed to pay a $3.5 million settlement that, if approved by the court, will resolve multidistrict litigation over allegedly false advertising claims that the Big Kid booster seat was “side-impact tested” and safe for children weighing as little as 30 pounds.

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The Big Kid booster seat settlement covers all consumers in the United States, the District of Columbia and any U.S. territories—including but not limited to Puerto Rico, Guam and the U.S. Virgin Islands—who purchased an Evenflo Big Kid booster seat in the United States at any time between January 1, 2008 and December 31, 2022.

Related Reading: What is multidistrict litigation?

Per the settlement agreement, if the deal is preliminarily approved by the court, class members who submit a timely, valid claim form will be entitled to receive a Big Kid booster seat settlement rebate.

To get a share of the proposed $3,500,000 settlement, consumers must file a claim form by mail or online through the court-approved settlement website once it is established.

ClassAction.org will update this page if and when the official Evenflo Big Kid booster seat settlement website is launched.

According to the agreement, class members who submit a valid claim will receive a pro-rated cash payout for each booster seat they purchased, capped at two products. Individual payment amounts will depend on the total number of claims that are filed, the document states.

Consumers are also entitled to receive a $25 credit towards future purchases of Evenflo products through Evenflo.com for each booster seat they bought, subject to the same two-item limit, the settlement agreement says.

Class members will need to provide information about their purchase unless they receive a personalized settlement notice that includes a unique ID, the document adds.

Consumers who registered the warranties for their booster seats, registered their products for recalls or purchased them on Evenflo.com and for whom the company has valid contact details will be sent a notification with a “one click” option to file a claim without completing a claim form, the agreement relays.

Related Reading: Evenflo ‘Intentionally Misrepresents’ Side-Impact Safety for Big Kid Booster Seat, Class Action Suit Says

On top of monetary benefits, Evenflo has agreed to provide informational notices to class members regarding the booster seat’s side-impact testing and minimum weight for safe use, the settlement agreement shares. The company will also adjust its marketing with respect to child weight recommendations to comply with federal regulations and post an educational video about booster seat safety on its Facebook page and website, court documents state.

The plaintiffs filed an unopposed motion and memo detailing the terms of the settlement on March 20, 2025. It is now up to the court to determine whether to grant preliminary approval to the terms of the deal.

The agreement explains that notice of the settlement will be issued, and the official website will be launched, no later than 14 days following preliminary approval.

The Evenflo lawsuits, which were consolidated in 2020, claimed testing indicated that the booster seats failed to provide the advertised protections to children in side-impact collisions—“especially for children under 40 pounds.”

The Big Kid booster seat lawsuits contended that Evenflo was aware of the safety issue for kids under 40 pounds but intentionally misled consumers in a bid to get a leg up on competitor Graco Children’s Products.

Moreover, the consolidated complaint alleged the company “knew that its so-called ‘side-impact’ tests were sham tests, self-created and entirely unrelated to the actual forces in side-impact collisions, and that there were no applicable government side-impact tests during the relevant time period that it could meet or exceed as it claimed.”

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.