Case: Aqua Dots Prods. Liab. Litig., MDL 1940, No. 08-cv-2364 (N.D. Ill.)
Court: Northern District of Illinois
Class Period:
Attorneys: Frederic S. Fox, Laurence D. King, Linda Fong, Mario Choi

As co-lead counsel in this multi-district litigation, Kaplan Fox represents consumers who purchased or acquired defective products called Aqua Dots, children’s toys that contained 1,4 butanediol, an industrial solvent that, when ingested, metabolizes into gamma hydroxy butyrate (“GHB”), commonly known as the “date rape” drug. Children who swallowed the beads could become comatose, develop respiratory depression, have seizures or even die. Designed, manufactured, distributed, advertised, and/or sold by Defendants Spin Master Ltd., Spin Master Inc., Moose Enterprise Pty. Ltd., Target Corporation, Toys “R” Us, Inc., and Wal-Mart, Inc., these dangerous products were subject to a nationwide recall on November 7, 2007. Plaintiffs allege that Defendants failed to adequately monitor the manufacturing, design, and quality of the toys and further failed to promptly inform the appropriate authorities of the unsafe nature of these products.

Plaintiffs assert claims for violation of the Illinois Consumer Fraud Act, the Illinois Uniform Deceptive Trade Practices Act, the consumer protection laws of the various states, the Consumer Protection Safety Act, breach of implied warranty, breach of express warranty, negligence, strict liability, and unjust enrichment. Factual discovery recently ended in this matter, and dispositive motions are currently due in late July 2010. Trial is scheduled to commence December 7, 2010.