Class Action Seeks to Debunk Numerous Allegedly False GreenPan Product Claims [DISMISSED]
by Erin Shaak
Last Updated on December 19, 2022
Saldivar v. The Cookware Company (USA) LLC
Filed: September 25, 2019 ◆§ 4:19-cv-06014
A proposed class action has been filed over allegedly false advertising claims regarding The Cookware Company's non-stick GreenPan products.
December 19, 2022 – GreenPan Non-Stick Products Class Action Settled with Plaintiff, Dismissed
The proposed class action detailed on this page was dismissed on December 15, 2020 after the Cookware Company agreed to settle with the plaintiff on an individual basis.
United States District Judge Jon S. Tigar’s one-page order granting the parties’ joint motion to dismiss the case can be found here.
In a joint stipulation submitted on December 15, 2020, the court was informed that “arm’s-length settlement negotiations have taken place between the parties, and an individual settlement has been reached as a result of these negotiations.” The document states that the Cookware Company “denies liability for the claims” asserted by the plaintiff but has “nevertheless decided to enter into a settlement in order to avoid further expense, inconvenience, and the distraction of burdensome and protracted litigation.”
Though Judge Tigar dismissed the plaintiff’s individual claims with prejudice, the suit was dismissed without prejudice with regard to the claims of any proposed class member.
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A California woman alleges in a proposed class action that GreenPan maker The Cookware Company (USA) LLC has made false claims with regard to its patented non-stick cookware products.
Although the company has reportedly advertised GreenPan cookware as “Healthy Ceramic Non-Stick,” “Completely Toxin Free,” “good for the environment,” “reinforced…with diamonds,” and containing “No PFOA, PFAS, Lead or Cadmium,” the case claims these statements are false and misleading.
The lawsuit first cuts into the defendant’s “healthy” claims, arguing that GreenPan products are no more “healthy” than any other cookware product and allow customers to prepare both healthy and unhealthy meals. As the complaint puts it:
“While GreenPan’s Products may assist GreenPan’s consumers in preparing ‘healthy’ (as well as non-healthy) meals, GreenPan’s nonstick Products are not, in and of themselves, healthy, nor do they guarantee that the meals cooked in them will be ‘healthy.’”
With regard to GreenPan’s “toxin free” claims, the lawsuit alleges that this assertion is simply not true, as the company’s patented “Thermalon” coating on the products contains known toxins such as silane, aluminum oxide, tetraethoxysilane, methyltrimethoxysilane, and potassium titanate.
Similarly, the suit claims the defendant’s GreenPan products are not “reinforced” with diamonds, “nor do they contain material amounts of diamonds or diamond fragments,” as the products’ packaging represents.
Sticking to the defendant’s “good for the environment” claims, the lawsuit alleges that GreenPan products do not provide any “specific benefit” to the environment that outweighs the negative effects.
“Insofar as GreenPan has qualified this claim with a specific benefit, which Plaintiff argues it has not, upon information and belief, the benefit of ‘not requir[ing] the use of toxic chemicals like PFOA or PFAS during the production process’ is a small and/or unimportant benefit in light of the negative environmental effects GreenPan’s Products create,” the complaint states. “For example, GreenPan’s Products are made of metal and do not, upon information and belief, biodegrade.”
The plaintiff further points out that no non-stick cookware made since 2013 contains perfluorooctanoic acid (PFOA) or perfluoroalkyls (PFAs), despite The Cookware Company’s implication that the absence of these chemicals in its products make them superior to other cookware.
“GreenPan’s marketing of its GreenPan Products as superior simply because they do not contain compounds that other cookware does not contain is false and/or misleading,” the complaint states.
The plaintiff claims she paid a premium price for GreenPan cookware based on the defendant’s allegedly false representations. She seeks to represent anyone who purchased GreenPan non-stick products in California within the past four years.
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