Class Action Alleges Recalled Bindle Bottles Contain ‘Extremely High Levels’ of Lead, Potentially BPA [DISMISSED]

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A proposed class action alleges the Bindle Bottle is defective and unsafe to use since the recalled product contains concerning levels of lead and potentially bisphenol A (BPA).

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The 25-page case says that despite the grave health risks posed by the Bindle Bottle, which was voluntarily recalled on February 17, 2023, the Instagram-famous product’s manufacturer has “rested on its laurels,” relying on various consumer protection agencies and the media to “do its bidding” rather than properly sound the alarm itself. 

According to the suit, Bindle Bottle LLC’s recall efforts, which cover all Bindle Bottles, including bottles in Puppy Packs, have been wholly unsuccessful as the “disastrous” initiative has left consumers “uninformed and confused.” 

“Defendant began its recall offering one remedy—a refund—only to replace that remedy with another, an ineffective repair that few consumers have taken advantage of given their loss of trust in Bindle and continued concerns that Defendant has underreported the gravity of the problem,” the filing states. 

As the lawsuit tells it, no reasonable consumer, among the “few who did hear of [Bindle’s] recall,” would want to continue using the Bindle Bottle in light of the serious health risks the product poses. The case calls the purportedly “100% BPA Free” Bindle Bottle, which contains a compartment at the bottom for storing snacks or other items, “unsuitable for [its] principal and intended purpose” and “completely worthless.” 

According to the lawsuit, acute lead poisoning can produce an array of symptoms, including abdominal pain, muscle weakness, nausea, vomiting, diarrhea, and weight loss, among other problems. Children are especially vulnerable to lead poisoning, and can experience permanent central nervous system damage if exposed to lead for prolonged periods of time, the complaint adds. 

On February 10, Consumer Reports shared that it tested three Bindle Bottles, in particular the bottles’ “sealing dot,” a circle of solder in the bottom storage compartment that holds the parts of the bottle together, for lead. The test results revealed that the lead content of the dot ranged from over 90,000 parts per million (ppm) to 155,000 ppm, the lawsuit says. 

Per the complaint, Consumer Reports Associate Director of Product Safety Ashita Kapoor noted that the Biddle Bottles exposed users to lead levels that are roughly 1,100 times the levels legally allowed in many consumer products. 

Crucially, anything that touches the Bindle Bottle’s sealing dot directly can be contaminated with lead, and lead dust can contaminate “whatever is in the bottle just by being near it,” the case shares. 

As for the recall, Bindle Bottle LLC first announced the measure on its website, stating that it was offering existing customers a full refund, the suit states. Then, the case says, the defendant “immediately modified its stance,” removing the refund language from its site and leaving consumers “confused, frustrated, and unsure of how to proceed.” 

The “current iteration” of the Bindle Bottle recall offers consumers only an at-home repair kit, with no option to receive a refund, the filing says. 

“Instead, consumers must trust that Defendant has isolated the scope of the problem and provided an effective repair, a momentous ask from a company that has inordinately abused the public’s trust,” the case scathes, noting that Bindle Bottle has also removed from its website its return policy, which used to state that products could be returned for a full refund within 30 days of the purchase date. 

Further, Consumer Reports tested the outside of the three Bindle Bottles for BPA, a chemical linked to fertility issues and certain cancers, the lawsuit says. The watchdog detected the presence of BPA in two of the three bottles, according to the case. 

The lawsuit looks to cover all persons within the United States who bought a Bindle Bottle within the applicable statute of limitations period and through the date of judgment in the litigation. 

According to the Bindle Bottle recall website, consumers should register for a free repair kit, upon which Bindle Bottle will send them a free kit “as soon as it is available.” Once the repair kit is applied, a consumer may use the dry storage compartment of their Bindle Bottle, the website says. 

Critically, the company urges consumers not to use their Bindle Bottle dry storage compartment until they have received a repair kit. Despite this, the company says the water bottle compartment is safe to use, as the bottle’s stainless steel interior is “completely unaffected by this issue.” 

Meanwhile, Consumer Reports’ safety experts suggest that “everyone should immediately stop using this product.” 

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