SACRAMENTO –– A class action lawsuit against a baby teether manufacturer accused of falsely advertising the products as BPA free will proceed, a federal judge ruled Aug. 8.
Judge Troy L. Nunley of the U.S. District Court for the Eastern District of California denied I Play Incorporated's request to dismiss the case brought by Dusty Spearman.
In her lawsuit, Spearman alleges I Play sold Green Sprouts baby teethers that contained bisphenols, an industrial chemical used to make plastics, while advertising the products as BPA free. Although the Food and Drug Adminstration says low levels of BPA exposure is not harmful, some research has shown health problems in lab animals.
The plaintiff wants to certify the lawsuit for all who purchased the baby teethers in the last four years.
The lawsuit does not address the health effects of BPA, but alleges I Play used the demand for BPA-free products to falsely advertise their baby teethers and fetch a premium price.
Spearman wants to certify the lawsuit for all who purchased the baby teethers in the last four years. She argues damages could be more than $5 million for all class members.
I Play asked the judge to throw out the case, because they show sales of the Green Sprouts baby teethers over the last four years reached just over $800,000.
In his ruling, Nunley did acknowledge the discrepancy, but wrote Spearman should have the opportunity in discovery to prove the $5 million figure.
"The threshold for granting jurisdictional discovery is low,” Nunley wrote, because it could help determine if the court has jurisdiction.
Spearman has been granted 60 days to conduct jurisdictional discovery and has an additional 14 days after the discovery period closes to submit a “supplemental opposition to the motion to dismiss.”