Class Action Claims Zinus Mattresses Can Expel Fiberglass, Causing Injury, Property Damage [DISMISSED]
by Erin Shaak
Last Updated on October 11, 2023
Gutierrez et al. v. Zinus Inc.
Filed: July 7, 2022 ◆§ 2:22-at-00690
A lawsuit alleges Zinus “bed-in-a-box” mattresses are defective in that they can allow fiberglass to escape into and contaminate everything in a person’s home.
Magnuson-Moss Warranty Act California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
October 11, 2023 – Zinus Mattress Class Action Voluntarily Dismissed
The parties in the proposed class action lawsuit outlined on this page jointly dismissed the case without prejudice on August 25, 2023 in light of a private settlement.
Case records indicate that the parties filed a notice of settlement with the court on April 26 of this year. In the three-page notice, the parties wrote that they had reached an agreement in principle following a two-day mediation and had since been “working diligently to finalize the necessary written settlement documents.”
Two months later, in a joint status report filed on June 26, the parties requested additional time to complete the settlement documentation, which Chief District Judge Kimberly J. Mueller granted.
On August 25, the parties jointly submitted a three-page request for dismissal with the court, and the case was formally closed three days later.
Details of the settlement are not available in court documents.
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A proposed class action lawsuit alleges Zinus “bed-in-a-box” mattresses are defective in that they can allow fiberglass to escape into and contaminate everything in a person’s home.
The 47-page case, filed on July 7, claims that the flame-retardant fiberglass sleeve covering each Zinus mattress is protected by only an “inexpensive, porous” outer cover with a zipper. Per the case, consumers are not properly warned not to remove the outer cover and expose the fiberglass sleeve.
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Even if the outer cover is not removed, glass fibers can still escape into the environment from the mattress, causing property damage and potentially serious injuries to residents and pets, the suit alleges.
The complaint says the attorneys who filed the case represent more than 2,000 individuals who have sustained injuries from Zinus mattresses. Moreover, numerous news outlets have reported incidents in which “dangerous glass fibers” were released into consumers’ homes from the mattresses, causing “extensive property damage” and health problems that include skin irritation and respiratory issues. According to the case, many of the residents covered in the news stories were forced to vacate their homes because of glass fiber contamination.
The case alleges the defect in Zinus mattresses stems from the flame-retardant fiberglass sleeve covering each mattress. Per the suit, the sleeve is comprised of long glass fibers that can easily break and find their way through a mattress’s outer cover into the surrounding environment. The lawsuit says that when these fibers break, an affected mattress fails to meet federal regulations for mattress flammability.
Glass fibers can also escape when a consumer removes a mattress’s outer cover, which has a zipper that “invit[es] the user to remove it,” the lawsuit says. Per the case, many of the affected Zinus mattresses, including the Spa Sensations model, instruct users to remove the outer cover to wash it, and clean the inner sleeve with soap and water.
Although some mattresses include a warning that says “DO NOT REMOVE COVER,” the lawsuit argues that this statement is “wholly inadequate” to put users on notice of the risks of doing so. Moreover, the presence of a zipper on the outer cover implies to consumers that the cover is removable, the suit contends.
“Given how widely people in our society use zippers, attaching one to an object invites opening that object,” the complaint reads.
The lawsuit claims Zinus has failed to adequately warn consumers about the presence of glass fibers in the mattresses’ inner sleeve. Once exposed to the outside environment, the fibers can quickly travel throughout the user’s home, the filing says.
“The glass fibers attach to essentially anything they touch. This includes human skin, animals, HVAC systems, clothes, towels, bedding, couches, carpet, tile flooring, drywall, electronics, bedding, wood, and plastic.”
According to the suit, exposure to the glass fibers in a Zinus mattress can cause eye, skin and upper respiratory tract irritation and other health problems in humans and pets.
Moreover, once glass fibers are released into a home, they can cause extensive property damage, the lawsuit says. Since the fibers are “virtually impossible” to remove from fabric, many consumers have had to discard things like clothing, towels, bedding and furniture as a result of glass fiber contamination, the case claims.
Per the suit, it can cost thousands or even tens of thousands of dollars to clean a home that’s been exposed to fiberglass, and residents are often required to leave until the home is professionally cleaned.
According to the case, Zinus has known about the alleged defect in its mattresses for years due to consumer complaints submitted to the Consumer Product Safety Commission and Amazon reviews, not to mention the news coverage of apparent fiberglass contamination in consumers’ homes.
The lawsuit looks to represent anyone in the United States who purchased a mattress manufactured or sold by Zinus that contained glass fibers.
The case also looks to cover any adults or minors in the United States who were injured by glass fibers from an affected Zinus mattress, and anyone who suffered personal or real estate property damage from glass fibers from an affected mattress.
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