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California federal suit claims sleep products contain toxic odor

Los Angeles consumers have a right to expect that the food they eat, the cars they drive and the beds they sleep upon are not going to harm them. Manufacturers cannot violate California laws or federal safety regulations to sell dangerous products. Product liability settlements and trials provide compensation for victims of negligence.

A constant sniffle or sneezing is a sign of a seasonal allergy sufferer, but some allergic reactions are not so mild or predictable. A dose of penicillin or a bee sting is deadly for some people, especially individuals with no clue they have an allergy. Product makers are responsible for health problems created by design or manufacturing flaws.

A California federal court has been asked to certify a class-action lawsuit against a well-known mattress manufacturer. Tempur-Sealy and Tempur-pedic North America were named as defendants in a complaint that alleges the companies' pillows and mattresses are wrongly marketed as safe.

The lawsuit states the sleep products give off an odor derived from compounds that include the known cancer-causer formaldehyde. Consumers have repeatedly complained about the products' smell. Many buyers developed allergic reactions to the pillows and mattresses, which they believe stems from the chemical odor emissions.

Tempur-pedic addresses the odor issue in some of the sales literature but, according to plaintiffs, dismisses lasting harmful effects. The manufacturer tells the public the odor is "harmless, slight" and temporary. Some product owners said the odor lasted for months. The mattress maker is also accused of knowing about consumer complaints since at least 2007, but not sharing the negative news with sales staff or buyers.

Plaintiffs are suing for an injunction, restitution and punitive damages, along with a court-ordered constructive trust to benefit harmed individuals. Before those issues are resolved, a judge must approve the class-action - a lawsuit that permits a group of plaintiffs with a common claim to unite against a defendant.

Source: courthousenews.com, "Class Claims Mattresses Emit Chemicals" No author given, Oct. 28, 201 

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