If you own a Vitamix blender covered by this Settlement, you could get a $70 gift card to purchase certain Vitamix products or you could get a free replacement blade assembly that does not fleck.
What is this lawsuit about?
The Plaintiffs in this case filed a complaint against Vita-Mix Corporation, et al. (the “Defendants”), alleging that the top seals of the blade assembly in containers of certain Vitamix blenders were defective because they deposit tiny black polytetrafluoroethylene (“PTFE”) flecks into blended food and drink. These PTFE flecks are of a non-stick material that is common in cookware and many other products in the food industry. Plaintiffs’ Complaint does not allege any medical harm resulted from any consumption of PTFE. Vita-Mix produced information from an independent third-party lab reporting that the flecks are harmless when consumed and do not present a human health or safety risk. The Plaintiffs claimed, among other things, breach of express and implied warranties of merchantability, breach of contract, negligent design, engineering, and manufacture, fraud and fraudulent concealment, unjust enrichment, and violation of the Ohio Consumer Sales Practices Act.
In agreeing to settle this Lawsuit, Defendants maintain that they complied with the law and do not admit any wrongdoing. Vita-Mix denies that any of its products were defective in design, manufacture, or engineering and claims that Plaintiffs did not suffer any losses or actual injury.
Who is included?
You may be a Class Member if (1) you own a Vitamix household blender with a blade assembly dated on or after January 1, 2007 until October 1, 2016; or (2) if you own a Vitamix commercial blender that was purchased through a third party such as a dealer, distributor, or restaurant supply store and not directly from Vita-Mix on or after September 15, 2015 but before August 9, 2016 (or before April 7, 2017 in the case of a commercial blender from the XL product line).
The blade assembly date can be found on the top side of one of the blades in the blade assembly. The blade assembly is located at the bottom of the blender container. To see an example of how the blade assembly date can be located, please view Question 7 on the Frequently Asked Questions page. If you are still not sure whether you are included, you can review the relevant court pleadings available on our Important Documents page, or you can call the Settlement Administrator toll-free at 1-855-233-4747.
How do I participate in the Settlement?
Eligible Class Members must submit a claim form to qualify for a gift card or replacement blade assembly. Claim Forms must be submitted online or postmarked no later than September 28, 2018. You can complete a claim form through the Submit a Claim page. You may also complete and return the Claim Form attached to your postcard notice, or print out a hard copy of the Claim Form from the Important Documents page and mail it to the address below:
Blender Settlement Administrator
c/o JND Legal Administration
P.O. Box 7028
Broomfield, CO 80021