Nectar Mattresses Can Leak Toxic Fiberglass, Class Action Lawsuit Alleges

A proposed class action lawsuit alleges that certain Nectar mattresses are falsely advertised as safe and fit for normal use, given that the products can “leak” or risk leaking toxic fiberglass into consumers’ homes.

The 40-page Nectar lawsuit contends that the mattress company purportedly “Trusted by 5.5 Million American Sleepers” has failed to warn consumers that its memory foam mattresses—including the Nectar Classic, Nectar Premier, Nectar Luxe, and Nectar Ultra models—pose a significant health and safety risk as they come with a flame-retardant sleeve made of fiberglass that can leak or “seep” tiny glass fibers into the surrounding environment.

According to the class action, exposure to fiberglass can cause acute adverse health symptoms, including intense eye and skin itchiness, breathing difficulties or exacerbation of existing asthma or bronchitis, stomach irritation, and mouth, nose and throat irritation.

Additionally, the complaint against Resident Home LLC, Ashley Global Retail LLC and Ashley Furniture Industries LLC says that the fiberglass may become embedded in skin and require surgical intervention. Should glass fibers invade the lower part of a person’s lungs, the risk of adverse health effects is “significantly” increased, the case says, adding that fiberglass, once airborne, can find its way into HVAC systems and then quickly be dispersed throughout a consumer’s home.

The false advertising lawsuit says that Nectar failed to provide adequate disclosures regarding the inherent dangers of fiberglass in its mattresses. Although an outer mattress tag on a Nectar mattress reads “Glass Fiber…23%,” the tag nevertheless fails to warn consumers that the products are likely to leak or risk leaking toxic fiberglass through regular use, according to the suit.

The Nectar lawsuit claims that any small tear in the outer mattress cover, or removal of the cover, risks exposing consumers and their families to a highly toxic, known irritant.

Nectar mattress fiberglass leakage can cause major problems, class action lawsuit says

Memory foam mattresses like those sold by Nectar are inherently more flammable than traditional mattresses and, as a result, are sold with a fire-retardant sleeve made of woven fiberglass to comply with federal Open Flame Resistance Standards. Per the suit, the fiberglass sleeve is meant to suffocate the oxygen a fire needs for fuel, while the fiberglass melts to keep the inside of a mattress from catching fire.

However, the complaint alleges that Nectar’s mattresses pose two serious safety issues for consumers.

The lawsuit says that should fiberglass begin to leak from the mattress, the sleeve will not only gradually lose its fire-retardant properties, increasing the risk that the mattress may ignite in a fire, but also easily disperse bits of fiberglass from the mattress throughout consumers’ homes.

The case stresses that fiberglass contamination is not easily remedied. In addition to the health issues linked to fiberglass exposure, cleaning fiberglass contamination often requires professional cleaning services and costs thousands—or even tens of thousands—of dollars, the suit says.

Fiberglass is especially pernicious because it is “virtually impossible” to remove from a space once it spreads, per the case. In particular, loose glass fibers can travel through ventilation systems and become airborne, eventually settling and contaminating furniture, drapery, carpeting, clothing, towels, and innumerable other items throughout the entirety of a consumer’s home, the filing states.

Experts generally recommend that individuals vacate a home contaminated with fiberglass until it can be professionally cleaned, which the case says is evidence of the extent and severity of potential fiberglass contamination.

Nectar informed consumers covers were safe to remove, case says

A main point of contention in the Nectar class action lawsuit is the company’s allegedly inaccurate and irresponsible representations that the outer mattress covers are safe to remove and clean.

As the suit tells it, Nectar’s track record regarding fiberglass is “particularly problematic,” as the case highlights a complaint levied against the company in mid-2020 after a consumer removed the outer mattress cover to clean it after a spill. Per the complaint, Nectar’s website indicated that the outer cover was removable, although when the consumer did so her entire apartment was covered in fiberglass that was “almost impossible” to remove:

Our apartment is sparkly with fiberglass. We have had to drop money on a HEPA filter vacuum that could safely remove some of it, and on new non-permeable mattress covers to contain the worst of the source. We have had to garbage-bag up [sic] almost everything in her room. No amount of runs through the laundry seems to get it all out of clothes, and we have to thoroughly wipe out the washer and dryer drums every load…I’m sure there will be trouble on the horizon with our landlord regarding the carpet, even if we do vacuum it as well as we can.”

According to the suit, Nectar in 2019 denied that there was any fiberglass in its mattresses. The case says that the company admitted that they used fiberglass only after being prompted to do so after consumer complaints.

Despite the presence of a fiberglass sleeve, Nectar has continued to represent on its website that consumers can remove the outer covers to wash them when necessary, the complaint states. The case says that in 2022 or 2023, Nectar added a tag warning stating that removal of the cover created a “risk of injury or death,” but still omitted a clear disclosure about fiberglass.

“Remarkably, [Nectar] added this disclaimer to the outer cover and continued to manufacture the outer cover with a zipper that made the cover removable,” the lawsuit scathes. “This minimized the effect of any possible warning.”

Nectar mattresses are unsafe to use, class action lawsuit claims

Despite the risks posed by fiberglass and its duty to disclose the significant likelihood of fiberglass leakage, Nectar has continued to tout its mattresses as trustworthy and safe, the lawsuit alleges.

Moreover, when consumers have asked directly about the presence of fiberglass in the mattresses, the company has demurred, claiming that the fiberglass inside was not “’the harmful type,’” even though there exists no non-irritating types of fiberglass. The suit adds that Nectar has deceived and misled consumers because “just laying [sic] on the mattress,” or attempting to remove the cover to wash it, poses an “unreasonable safety hazard.”

“Indeed, a mattress—designed for sleeping on—cannot function as such if sleeping on it causes the defect to arise,” the class action lawsuit contends.

The lawsuit charges that the Nectar mattresses at issue are “worthless,” or at the very least worth less than consumers paid.

Who is covered by the Nectar lawsuit?

The Nectar class action lawsuit looks to cover all individuals in the United States who purchased the Nectar mattress products at issue from the beginning of any applicable statute of limitations through the date of judgment in the case.

How do I sign up for the Nectar class action lawsuit?

Typically, you don’t need to do anything to join or sign up for a class action lawsuit when it is initially filed. Should the case be resolved with a class action settlement, settlement class members will typically receive written notice of the deal via mail and/or email with instructions on any next steps and details about their legal rights.

Please keep in mind that some class action lawsuits take years to settle.

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