Cupkin Lawsuit Says Recalled Stainless Steel Children’s Cups Contain Lead

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The maker of Cupkin double-walled stainless steel children’s cups faces a proposed class action lawsuit that alleges the recalled products contain lead and are thus defective. 

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According to the 25-page complaint, the Cupkin children’s cups, which came in eight- and 12-ounce versions and 12 color combinations with matching straws, can “poison the user of the Product” given their lead content. Hundreds of thousands of Cupkin cups were voluntarily recalled by the company, in coordination with the Consumer Product Safety Commission (CPSC), in July 2023 over concerns that the products contained lead in levels in excess of federal regulations. 

At the time of purchase, Cupkin manufacturer Soojimus, LLC did not warn consumers of the risk of lead poisoning from using the cups, the filing says, calling the products “worthless and dangerous.”

The lawsuit relays that lead is particularly dangerous to babies and young children as lead poisoning can harm the brain, nerves, blood and digestive organs and cause myriad other health problems. 

On its website, the CPSC said that the “improperly manufactured” Cupkin cups were sold in pairs on Amazon from 2018 to 2023, with matching straws and in color combinations that included blue and green, pink and purple, blue and gray, peach and teal, black and white, coral and yellow, green and pink, polignac and potpourri, brown and peach, rust and salmon, aqua and periwinkle, and cobalt and mint. The agency urged consumers to immediately take the Cupkin cups away from children, stop using them, and contact Soojimus for a full refund. 

Soojimus admitted on its website that its eight- and 12-ounce cups “may pose an unacceptable exposure to lead if the cup bottoms are mistreated” and encouraged consumers who bought the products between 2020 and February 19, 2023 to stop using them. The company noted that affected cups cannot be returned to Amazon, where the case says the majority of the products were purchased. 

Overall, roughly 346,000 Cupkin cups made in China were included in the 2023 recall, per the CPSC. 

The suit looks to cover all persons in the United States who bought a Cupkin-brand cup produced by Soojimus, LLC within the applicable statute of limitations period. 

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