Pacific Market International (PMI) has filed motions asking a federal judge in Washington state to dismiss two proposed class action lawsuits brought by consumers seeking monetary damages over the fact that PMI’s virally popular Stanley tumblers contain lead.

Attorneys for PMI say the suits from Laura Barbu of New York and California resident Robin Krohn should be tossed or stayed because they are “wholly duplicative” of an earlier proposed class action complaint filed by Nevada resident Mariana Franzetti.

Lawyers for PMI argue there is “no good reason” the Barbu/Krohn suits should proceed because they “serve no purpose,” as the alleged issues of proposed class action members – people who bought Stanley tumblers with lead – can be addressed through the Franzetti suit.

“No one has a right to file duplicative litigation,” a motion to dismiss states. “To the contrary, public policy disfavors such litigation… Courts… routinely dismiss or stay putative class actions where a preexisting case against the same defendant, involving the same issues and brought on behalf of the same proposed class, is already pending.”

Franzetti, Krohn and Barbu have countered, asking that the suits be consolidated into one case.

The consumers’ attorneys argue, in part, that the suits are similar but not identical, and that certain claims, including state-level ones, in the Krohn/Barbu complaints would be lost if the cases are dismissed. Furthermore, consolidation would allow what attorneys described as the equitable result of enabling the plaintiffs to file a new single complaint that incorporates all the claims.

“When two or more actions involving the same or substantially similar issues and parties are pending in the same district or before the same judge, issues of conserving judicial resources by preventing duplicative litigation and inconsistent verdicts are better addressed by consolidation,” the plaintiffs’ attorneys wrote.

Product of the Year? It had to be the Stanley Quencher, didn't it? And it is. Really interesting report on the mega impact of this product on the #promoproducts market by @SaraLav_ASI.

2023 Product of the Year: The Stanley Quencher https://t.co/AcS4Yh2vwx

— Chris Ruvo (@ChrisR_ASI) December 21, 2023

PMI responded, in part, by saying that consolidation would unnecessarily increase the expense and burden it would incur to defend itself, “make a negotiated resolution more difficult to achieve, and encourage other parties to file additional disfavored and duplicative lawsuits.”

As of this writing, a judge had yet to make a ruling on dismissal or consolidation. It’s possible a fourth lawsuit, filed in California by Mackenzie Brown and being transferred to federal court in Washington where the other three are docketed, could be included in a consolidated complaint, depending how things play out.

The proposed class action suits were filed after it was revealed earlier this year that Stanley tumblers contain lead. The suing consumers say they would not have bought the drinkware if they had known about the lead, and that Stanley should be held accountable for failing to alert the public to the presence of the element. They’re seeking monetary damages and other remedies.

After videos started circulating on social media about Stanley lead concerns, PMI said in January that the material it uses to vacuum-insulate tumblers at their base contains some lead, but asserted this poses no health threat.

Excessive lead exposure can cause adverse health effects ranging from cardiovascular problems and kidney damage to nervous system issues and slower growth/development in children.

Some health experts have said there is “practically zero risk” of lead exposure from Stanley tumblers, but the U.S. Centers for Disease Control and Prevention has noted that using lead in manufacturing creates “a risk of lead exposure for consumers of those products, especially for products intended for use in food consumption.”

Propelled to popularity in significant part by female social media influencers, Stanley tumblers have been wildly popular sellers at retail and in the promotional products industry. ASI Media named the Stanley Quencher the 2023 Product of the Year in the branded merch market.