Arnold & Porter Wins Dismissal of Consumer Class Action Against Stanley Drinkware

Arnold & Porter secured dismissal for Pacific Market International LLC, the maker of Stanley drinkware, in a consolidated consumer class action alleging that the company failed to disclose the use of lead in its popular tumblers.

In its decision, the U.S. District Court for the Western District of Washington held that plaintiffs failed to allege “a specific and plausible risk of harm” associated with the small lead pellet used to seal the vacuum insulation layer at the base of the product. The court had previously dismissed an earlier version of the complaint on similar grounds and found that the amended pleading did not cure the deficiencies identified in that ruling.

Emphasizing the absence of any plausible allegation of harm, the court concluded that “without sufficient allegations to show that the lead in the Stanley cups could pose actual harm to consumers, the apparent need for disclosure is a moot proposition.”

The Arnold & Porter team was led by partners James F. Speyer, E. Alex Beroukhim, Pallavi Mehta Wahi, and Ashley E. Gammell; counsel Elie Salamon; and associates Owen Connolly and Nina Leviten.