Class Action Lawsuit Claims Rubbermaid TakeAlongs Falsely Advertised as Microwave-, Freezer-Safe

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A proposed class action lawsuit alleges Newell Brands has falsely advertised its Rubbermaid TakeAlongs Food Storage Containers as freezer- and microwave-safe even though the polypropylene plastic products can leach harmful microplastics into food when frozen or microwaved.

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The 59-page Rubbermaid lawsuit claims that Newell Brands has knowingly “duped consumers nationwide out of millions of dollars, placing their health and welfare in jeopardy,” by promoting the Rubbermaid products as safe despite scientific research on the dangers of polypropylene plastic and the effects of ingested microplastics on the human body.

The class action lawsuit additionally alleges that Newell Brands has targeted families in particular with its advertising by touting the Rubbermaid products as safe, as they would be most likely to look for the containers for “on-the-go school and work meals.” Per the complaint, children are the most at risk of experiencing adverse effects from ingesting microplastics such as those released by heated or frozen polypropylene plastic.

“Against this backdrop, no reasonable consumer would equate ‘safe,’ as Defendant promises, with the direct ingestion of unnecessary toxic materials when the Products are used as directed,” the complaint reads.

According to studies, polypropylene plastic food containers release the most microplastics when microwave heated, sometimes taking only three minutes to release up to 4.22 million microplastic particles and 2.11 billion nanoplastic particles from a single square centimeter of plastic.

Conversely, polypropylene plastics, when frozen rather than heated, become “brittle and prone to fragmentation,” the lawsuit states. Per the case, this structural weakening makes the plastic susceptible to “further degradation, especially when subjected to reheating.”

Food containers made of this kind of plastic can release “thousands of microplastics and millions of nanoplastics per square centimeter of surface area” under simple refrigeration or while sitting at room temperature, even without exposure to extremes like freezing or microwave heating, the suit shares.

When ingested, microplastic particles can have toxic effects on the human body, impacting in particular gut health, the immune system and the lungs. Additionally, the toxic impact of microplastics on the digestive track has been shown to effect “irreversible changes in the reproductive axis and central nervous system of offspring after prenatal and neonatal exposure,” the lawsuit alleges.

Microplastics have also been linked to an increased risk of composite myocardial issues, stroke and even death in individuals with pre-existing plaque buildup in their carotid artery, the filing says.

In light of the foregoing, the lawsuit contends that no reasonable consumer would agree with Newell Brands’ claims that their TakeAlongs Food Storage Containers are microwave- and freezer-safe. The class action suit alleges that Newell Brands has withheld and/or omitted critical information that impacts consumers’ health and safety, despite knowing of the risks posed by polypropylene plastic.

Per the case, the Rubbermaid products include the following TakeAlongs food containers:

• TakeAlongs Medium Square Food Storage Containers;
  • 4 piece, 7 cup
  • 8 piece, 2.9 cup
  • 8 piece – 5.2 cup
• TakeAlongs Serving Bowl Food Storage Containers, 15.7 cup, 2 piece;
• TakeAlongs Large Rectangular Food Storage Containers, 4 piece, 1 gallon;
• TakeAlongs Bowl Food Storage Containers;
  • 6 piece, 6 cup
  • 8 piece, 3.2 cup
• TakeAlongs Medium Rectangular Food Storage Containers;
  • 4 piece, 8 cup
  • 6 piece, 4 cup
• TakeAlongs Food Storage and Meal Prep Container Set;
  • Assorted, 60 piece
  • Black, 30 piece
• TakeAlongs Food Storage Container Set;
  • 20 piece
  • 24 piece
  • 40 piece
  • 64 piece
  • 16 piece
• TakeAlongs Food Storage 4.7 Cup Divided Containers, Meal Prep;
  • Black, 16 piece, 4.7 cup
  • Black, 2 piece, 4.7 cup
  • Black, 8 piece, 4.7 cup
  • Assorted, 16 piece, 4.7 cup
• TakeAlongs Twist & Seal, Ruby;
• TakeAlongs Twist & Seal Food Storage Containers;
  • Teal Splash, 6 piece, 1.6 cup
  • Marine Blue, 4 piece, 2.1 cup
  • Red, 6 piece, 1.6 cup
  • Red, 6 piece, 2.1 cup
  • Red, 4 piece, 3.5 cup
• TakeAlongs Food Storage 2.9 Cup Square Containers, Meal Prep;
  • Teal Splash, 8 piece, 2.9 cup
• TakeAlongs Food Storage 3.7 Cup Divided Containers, Meal Prep;
  • Black, 10 piece, 3.7 cup
  • Black, 20 piece, 3.7 cup
  • Red, 6 piece, 3.7 cup
  • Teal Splash, 6 piece, 3.7 cup
• TakeAlongs Food Storage 5 Cup Containers, Meal Prep;
  • 16 piece, 5 cup
  • 8 piece, 5 cup
• TakeAlongs Large Square Food Storage Containers, Set of 2; and
• TakeAlongs Small Square Food Storage Containers.

The lawsuit looks to represent all United States residents who purchased one of the Rubbermaid TakeAlongs Food Storage Containers listed above within the applicable statute of limitations period.

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