Nearly a month after Fitbit voluntarily recalled its Fitbit Force bracelets over complaints from thousands of users who developed itchy rashes while wearing the devices, and weeks after the U.S. Consumer Product Safety Commission made the recall official, comes the first of what will likely be many lawsuits against the company.
The lawsuit was filed Monday in a California state court in San Diego. It alleges that the company misled California consumers by failing to disclose in its marketing materials that there was a possibility for allergic reactions to the materials in the fitness wristbands. In all, Fitbit says it has sold more than 1 million of these devices.
The plaintiff in the case admits that he has not developed any rash as a result of the Fitbit Force, but believes the company had an obligation to be transparent to consumers if it knew of the likelihood of skin irritation.
“I have a concern that there is still a risk of developing an injury for me and others,” says the plaintiff.
His lawyer, who plans to file a separate suit specifically representing those who developed a rash from wearing the Fitbit Force, says this case is about “asking for full disclosure of the dangerous aspects of the product and a full disclosure of why it’s causing these injuries.”
Other attorneys say they have been fielding calls from potential plaintiffs interested in taking Fitbit to court.
Fitbit Now Faces a Class-Action Suit in Rash Fallout [WSJ Digits]