Plaintiffs Claim Bisphenol A Found in “BPA-Free” Aluminum Reusable Bottles

Kentucky and Texas residents have filed a putative class action in federal court against SIGG Switzerland (USA), Inc. claiming that the company misrepresented that its aluminum reusable bottles were free of bisphenol A (BPA). Johnson v. SIGG Switzerland (USA), Inc., 09-669 (W.D. Ky., filed August 28, 2009). The complaint cites actions the company’s CEO took in recent years to counter claims that the bottle’s resin liner contained BPA, including issuing press releases asserting that the products had no BPA, while actually working to reformulate the liner to rid it of the chemical.

Seeking to represent a nationwide class of consumers “who purchased SIGG bottles that contained BPA,” the named plaintiffs allege breach of contract, breach of express and implied warranties, and violation of the Kentucky Consumer Protection Act. They seek a class certification order; compensatory, punitive and statutory damages; restitution and disgorgement of profits; attorney’s fees and costs; prejudgment interest; and the costs of suit.

A recent trade publication article discusses the steps that led SIGG’s CEO to admit that bottles produced before August 2008 contained trace amounts of BPA and suggests that the company, maker of a product “that became a badge of consumer eco-consciousness and all-around cool, is in danger of becoming a poster child for brand deception and corporate dishonesty.” See Advertising Age, August 31, 2009.