SACRAMENTO – A Bakersfield woman alleges a Hatchimal toy she purchased for $50 never "hatched" as advertised and has filed a class action.
Jodie Hejduk filed a complaint individually and on behalf of all others similarly situated on Jan. 19 in the U.S. District Court for the Eastern District of California against
Spin Master Corp. and Spin Master Inc.
alleging violation of the Consumer Legal Remedies Act, the False Advertising Law and other counts.
According to the complaint, the plaintiffs allege that she purchased the defendants' Hatchimal toy for her daughter in January and alleges the toy did not "hatch" as advertised despite following the instructions, so the toy still remains in its egg. The plaintiffs hold Spin Master Corp. and Spin Master Inc. responsible because the defendants allegedly sold a defective product.
The plaintiffs request a trial by jury and seek judgment against defendants, certify class suit, appoint class representative and counsel, declaratory relief, recall defective products, compensatory, statutory, and punitive damages, interest, restitution, attorneys’ fees, expenses and costs of suit. She is represented by Mark J. Geragos, Ben J. Meiselas and Eric Y. Hahn of Geragos & Geragos in Los Angeles and Lori G. Feldman, Andrea Clisura, Courtey E. Maccarone and Justin G. Sherman of Levi & Korinsky LLP in New York.
U.S. District Court for the Eastern District of California Case number 1:17-cv-00093