Feldman Shepherd Overcomes Motion to Dismiss in Consumer Class Action brought against Munchkin, Inc

PHILADELPHIA - Sept. 6, 2023 - PRLog -- In an order dated June 21, 2023, the Honorable Wesley L. Hsu of the United States District Court for the Central District of California denied defendants' motion to dismiss in Kulp v. Munchkin, Inc., a consumer class action involving claims relating to Munchkin's sale of a defective children's toilet seat marketed as the "Sturdy Potty Seat."

Munchkin makes and distributes products for infants and toddlers. One of these products is the "Sturdy Potty Seat, a seat that may be installed on top of a standard toilet for children to potty train.

The case alleges that the Sturdy Potty Seat contains latent defects in the design, or in the manufacture, of its high lip and hard plastic composition that creates an unreasonable risk of injury to children's genitals and pelvic and groin areas. Plaintiffs also allege that Munchkin knew of the claimed defect prior to their purchases of their Sturdy Potty Seats but failed to disclose and actively concealed this information. Plaintiffs assert claims for violations of consumer protection statutes, fraudulent omission, breach of implied warranties, and unjust enrichment.

In denying the defendants' motion to dismiss, the court sustained the bulk of Plaintiffs' claims. The Court held that Plaintiffs adequately pled claims for breach of implied warranty of merchantability, fraudulent omission, violations of California and Pennsylvania consumer protection statutes, and quasi-contract. The parties will now proceed to discovery.

Feldman Shepherd attorneys Alan M. Feldman, Edward S. Goldis, and Zachary Arbitman, along with co-counsel from Dovel & Luner, obtained this result for Plaintiffs. Learn more about the attorneys at https://feldmanshepherd.com/.

Kulp v. Munchkin, Inc., No. 2: 22-cv-09381, Order Denying in part and Granting in Part Defendant Munchkin, Inc.'s Motion to Dismiss (C.D. Cal. June 21, 2023).

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