October 21, 2022 – Investigation Closed, Lawsuit Filed but Dismissed
At least one lawsuit was filed over an alleged defect in Emeril air fryers; however, the lawsuit has been voluntarily dismissed by the plaintiffs. The one-page dismissal order can be found here.
If you are still interested in pursuing legal recourse, we would encourage you to speak with an attorney in your area. Most offer free initial consultations and would be able to show you what options you have going forward. The information below was posted when the investigation began and remains for reference only.
You can find our list of open investigations here.
At A Glance
This Alert Affects:
Anyone who purchased an Emeril Lagasse Power AirFryer 360, Tristar Power AirFryer Oven or Tristar Power AirFryer XL.
What’s Going On?
Attorneys working with ClassAction.org are investigating whether a class action lawsuit can be filed in light of complaints the products may pose a fire risk. As part of their investigation, they need to speak to people who had their air fryer smoke or catch fire to learn more about the problem.
How a Class Action Could Help
If filed and successful, a class action lawsuit could provide consumers with money back for their air fryers, offer compensation for property damage and force the manufacturer, Tristar Products, to recall or fix the affected products.
Attorneys working with ClassAction.org are investigating whether a class action lawsuit can be filed on behalf of people who purchased an Emeril Lagasse Power AirFryer 360, Tristar Power AirFryer Oven and Tristar Power AirFryer XL.
A number of complaints have been posted online that the air fryers can smoke and potentially catch fire and attorneys are looking into whether a defect is to blame. As part of their investigation, they need to speak to people who owned and used the air fryers to learn more about the problem and whether a class action lawsuit is viable.
What Problems Have People Reported?
Users of these air fryers have complained that the devices can turn on by themselves and fill rooms with smoke to the point where the smoke alarm will sound, leading some users to caution that the devices should be unplugged when not in use.
One woman told reporters that she awoke to heavy smoke and proceeded to her kitchen to find that her Emeril Lagasse Power AirFryer 360 was hot to the touch, despite being turned off.
Consumers have also reported:
Leaking oil, grease and drippings
Extreme heat emitting from the fryer
Issues with the fan not working or functioning properly
Complaints of Smoking, Fire Risk Posted Online
The following is a sample of some of the complaints posted online regarding these air fryers [sic throughout, emphasis ours]:
Then, two nights ago, it came on by itself in the middle of the night while we were sleeping and got so hot that it melted the plastic on the back of the unit by the vent. We were lucky in that it set off the smoke detectors in the house and we were able to remove the basket and unplug it before it caught anything on fire!! If you are going to buy this product (or already have it), I would highly recommend that you UNPLUG it when not in use and keep it in an area away from anything else that is flammable when in use.” — Diana P., Amazon.com
The NEW unit smokes so bad when cooking chicken that it has to be placed outdoors to prevent it from setting off smoke alarms. It leaks oil and drippings from the back air vent of the unit and somehow drippings end up underneath the drip pan (which has like 6 six inches deep.” — Jesse Hillman, Amazon.com
This is absolutely the worse POS I have ever purchased. Door leaks, smoke from the food cooking fogs out of it setting off ever smoke detector. Yes I had it set at the right temperature, rack location,etc..do not purchase!!” — Jeff, Amazon.com
In short the large Emeril Power Air-fryer 360 XL model oven radiates so much "exterior heat" that we felt that it was a ‘HUGE FIRE HAZARD’. Probably because it is made of thin cheap tin and has no insulation to protect the exterior from heat and I mean very hot heat. You could cook things on the outside of the unit. We put it on our kitchen marble counter next to our refrigerator and under the cabinets where the Cuisinart toaster oven was. The Emeril Power Air-fryer 360 XL made everything dangerously ‘HOT’ around it.” — Grandma DC, Amazon.com
Beware! I used this a hundred times and loved it until one time it went up in flames. Luckily I kept it in our garage kitchen so besides smoke damage to the rooms above the garage and a few other places the damage was all in the garage. We are nearing approx 15k in damages and losses. If it was on my kitchen counter that would be a different level of damage. Our garage has a double fire wall so it saved us. After [the] fire department got the fire out they mentioned others having issues with the fans on their fryers going.” — Andrew B., Amazon.com
The second time my son used it, it caught fire…The unit melted, flamed, and did some damage to the house.” — Pat, Amazon.com
My biggest complaint is the poor design, especially placing the drip pan UNDER the bottom heating elements. The drip pan can fill up while cooking something large or fatty, and in order to empty it, you have to finagle the messy drip pan out from underneath the (hot) elements. Also, some of the meat's drippings WILL land directly on the heating elements, filling your kitchen with smoke. So unless you enjoy the sound of your smoke alarm, I would stay away from this product.” — Danny K., Amazon.com
How Can a Class Action Lawsuit Help?
If a class action lawsuit can be filed, consumers may be able to seek money for any damage their air fryers caused and recover some of the purchase price. It could also force Tristar to issue a recall for the air fryers.