Evenflo Co, Inc. Marketing Litigation

A federal court authorized the Notice because you have the right to know about the Settlement of this class action lawsuit, and about all of your rights and options, before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what Settlement benefits are available, who is eligible for them, and how to get them.

The Honorable Denise J. Casper of the United States District Court for the District of Massachusetts is overseeing this class action. The lawsuit is known as In re Evenflo Co., Inc. Marketing, Sales Practices and Prod. Liab. Litig., MDL No. 20-md-2938-DJC. The people who filed this lawsuit are called Plaintiffs, and the company they sued, Evenflo Co., Inc., is the Defendant.

The Plaintiffs filed this lawsuit against Evenflo on behalf of Settlement Class Members alleging that Evenflo misled consumers into purchasing its “Big Kid” booster seats by labeling and advertising “Big Kid” booster seats as: “side impact tested” and safe for children weighing 30 pounds or more.

Evenflo denies these allegations and denies any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Evenflo or that any law has been violated. Instead, the Plaintiffs and Evenflo have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

In a class action, one or more people called Class Representatives sue on behalf of other people who have similar legal claims. Together, the people are a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt-out) from the class.

The Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendant. Instead, the Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives and their lawyers believe the Settlement is best for Settlement Class Members because of the Settlement benefits available and the risks and uncertainty associated with continuing the lawsuit.

You are a Settlement Class Member if the following Settlement Class definition applies to you: all Persons in the United States, including the District of Columbia and any U.S. Territories (including without limitation Puerto Rico, Guam, and the U.S. Virgin Islands) who purchased an Evenflo “Big Kid” booster seat in the United States during the Class Period. The “Class Period” includes purchases between January 1, 2008, and December 31, 2022.

Excluded from the Settlement Class are the judge to whom this case is assigned, any member of the judge’s immediate family, and the judge’s staff and their immediate families.

The Settlement only includes Evenflo “Big Kid” booster seats, which are belt-positioning booster seats that could have a back or could be backless. A list of Evenflo “Big Kid” booster seat model numbers included in the Settlement and photographs of the booster seats are available here.

If you are still not sure whether you are a Settlement Class Member, please read FAQ 5 or call toll-free at 1-888-864-3151. You may also review the Settlement Agreement on the Important Documents page.

Settlement Fund – As a result of the Settlement, Evenflo has agreed to pay $3.5 million into a Settlement Fund. Cash payments will be paid from the Settlement Fund to Settlement Class Members who submit a timely Claim Form that includes all necessary information and documentation, if required (“Valid Claim”).

The following items will be deducted from the Settlement Fund: attorneys’ fees and reimbursement of costs to Settlement Class Counsel and Service Awards in an amount to be approved by the Court; all settlement administration costs (including providing the notice and settlement administration services, distribution costs, etc.); and after such payments, the remaining “Net Settlement Amount” will be used to make cash payments to Settlement Class Members who have filed a Valid Claim.

Evenflo Credit – The Settlement also provides that Evenflo will provide a $25 credit toward the purchase of Evenflo products directly from Evenflo at www.evenflo.com for each Evenflo “Big Kid” booster seat claimed (up to a maximum of two credits per Settlement Class Member who file a Valid Claim).

Informational Noticing – In addition, Evenflo will: 1) provide informational noticing regarding the Minimum Weight for the Safe Use of the Big Kid Belt-Positioning Booster Seat and the Side-Impact Testing Performed on the Big Kid Belt-Positioning Booster Seat to inform Settlement Class Members; 2) conform its marketing of belt-positioning booster seats regarding child weight recommendations to comply with federal regulations established by NHTSA, among other changes; and 3) post an educational video about transitioning a child from a front-facing harnessed car seat with a tether to a booster seat.

If you are a Settlement Class Member, you may file a Claim Form to receive the following Settlement benefits for each seat you claim. The maximum number of seats you can claim on your Claim Form is two (2) seats.

1. Cash Payment – A pro rata share (a legal term meaning an equal share) payment of the Net Settlement Fund for each Evenflo “Big Kid” booster seat claimed; and
2. Evenflo Credit – A $25 credit toward the purchase of Evenflo products directly from Evenflo at www.evenflo.com, subject to certain terms and conditions detailed below for each Evenflo “Big Kid” booster seat claimed. Credits will not be useable to purchase third-party products which may be accessible through website links included on www.evenflo.com.

Terms and Conditions for the Evenflo Credits:

• Settlement Class Members who make a Valid Claim will receive one $25 credit for each Big Kid booster seat they establish they purchased within the Class Period (up to a maximum of two credits per Settlement Class Member);
• Each $25 credit may be used on www.evenflo.com toward the purchase price of one Evenflo product (not for taxes or shipping). If the purchase price is below $25, there is no residual value for the credit;
• Only one $25 credit received as part of this Settlement may be used per transaction (i.e., the $25 credits are not stackable);
• The $25 credits may not be used in combination with other discounts, promotions, coupons, and/or credits otherwise available for the purchase of Evenflo products on www.evenflo.com (i.e., the $25 credits are not combinable with other offers);
• Each $25 credit will expire one year from the date of Final Judgment; in the event of any material delay, the expiration date will be extended to no less than one year from issuance; and
• Each $25 credit is freely transferable by a Settlement Class Member to another individual to use on the same terms and conditions as if used by the Settlement Class Member.

Unless you exclude yourself (opt-out), you will remain in the Settlement Class. If the Settlement is approved and becomes final, all the Court’s orders and judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against Evenflo and Released Parties about the legal claims in this lawsuit that are released by the Settlement Agreement. The rights you are giving up are called “Released Claims.” If you remain a Settlement Class Member you may file a Claim Form for a cash payment and a credit for Evenflo products.

The rights that you give up if you stay in the Settlement Class are discussed in the Settlement Agreement in Section XIII (titled “Release”), which describes the Release, Released Parties, and Released Claims in necessary legal terminology. Please read these sections carefully.

The Settlement Agreement is available here. For questions regarding the Release, you can also contact Settlement Class Counsel listed below for free, or you can talk to your own lawyer at your own expense.

To submit a Claim Form for a cash payment and an Evenflo $25 credit toward the purchase of Evenflo products directly from Evenflo at www.evenflo.com, you must submit a Claim Form with all the necessary information and documentation, as required. Your Claim Form must be postmarked or submitted online by November 24, 2025. The quickest way to file a Claim Form is online.

Claim Forms may be submitted online here or printed from the Settlement Website and mailed to the Settlement Administrator at the address on the Claim Form. Claim Forms are also available by calling 1-888-864-3151 or by writing to:

Evenflo Marketing Litigation
Settlement Administrator
P.O. Box 2300
Portland, OR 97208-2300

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes at one of the following contact methods:

Evenflo Marketing Litigation
Settlement Administrator
P.O. Box 2300
Portland, OR 97208-2300

info@BigKidBoosterSettlement.com

If you file a timely and Valid Claim Form, a cash payment and a credit toward the purchase of Evenflo products directly from Evenflo at www.evenflo.com will be provided to you by the Settlement Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

Yes, the Court has appointed Steve W. Berman of Hagens Berman Sobol Shapiro LLP, Mark P. Chalos of Lieff Cabraser Heimann & Bernstein LLP, and Martha A. Geer of Milberg Coleman Bryson Phillips Grossman, PLLC as Settlement Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You will not be charged for Settlement Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

Settlement Class Counsel will file a motion asking the Court to award attorneys’ fees and reimbursement of costs. Settlement Class Counsel will also ask the Court to approve Service Awards to be paid to the Class Representatives for participating in this lawsuit and for their efforts in achieving the Settlement. If awarded by the Court, attorneys’ fees and reimbursement of costs and the Service Awards will be paid from the Settlement Fund. The Court may award less than the amounts requested for attorneys’ fees and reimbursement of costs and Service Awards.

Settlement Class Counsel’s motion for attorneys’ fees and reimbursement of costs and Service Awards will be made available on the Settlement Website before the deadline for you to object to the Settlement.

If you do not want a cash payment and a credit for Evenflo products from this Settlement, but you instead want to keep the right to sue or continue to sue Evenflo and the Released Parties on your own about the legal issues in this lawsuit, then you must take steps to get out of the Settlement. This is called excluding yourself from—or “opting out” of—the Settlement.

To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:

1. The case name In re Evenflo Co., Inc. Marketing, Sales Practices and Prod. Liab. Litig., MDL No. 20-md-2938-DJC (D. Mass.);
2. Your full name, current mailing address, and email address;
3. Your signature; and
4. A clear statement that you want to be excluded from the Settlement Class, such as, “I hereby request to be excluded from the proposed Settlement Class in In re Evenflo Co., Inc. Marketing, Sales Practices and Prod. Liab. Litig., MDL No. 20-md-2938-DJC (D. Mass.).”

The exclusion request must be sent to the Settlement Administrator at the following address postmarked or received by October 10, 2025:

Evenflo Marketing Litigation
Settlement Administrator
P.O. Box 2300
Portland, OR 97208-2300

You cannot exclude yourself by telephone or by email, and you cannot opt out on behalf of anyone else.

You may not request to be excluded from the Settlement Class through “mass” or “class” opt-outs, meaning that each Person who seeks to be excluded must send an individual, separate, request to the Settlement Administrator that complies with all requirements listed above.

No. If you exclude yourself, you will not receive a cash payment and a credit for Evenflo products from this Settlement. You can only get a cash payment and a credit for Evenflo products if you stay in the Settlement and submit a Valid Claim Form.

No. Unless you exclude yourself, you give up any right to sue Evenflo and the Released Parties about the legal claims that are released by the Settlement. You must exclude yourself from this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Evenflo and the Release Parties about the Released Claims in this lawsuit. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you may object to the Settlement, including the Fee Award or Service Awards, by filing an objection. You cannot ask the Court to order a different settlement; the Court can only approve or reject the current Settlement. If the Court denies approval, no cash payments and Evenflo credits will be sent out as part of the Settlement, and the lawsuit will continue.

To object, you must file your written objection with the Court electronically or mailed to the Court and posted on the Court’s docket by October 10, 2025, stating you object to the Settlement in In re Evenflo Co., Inc. Marketing, Sales Practices and Prod. Liab. Litig., MDL No. 20-md-2938-DJC. To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include the following information:

1. A statement that your objection is to the Evenflo Settlement (the formal name of the lawsuit is not required);
2. Your full name, mailing address, email address, and telephone number;
3. All grounds for the objection, accompanied by any legal support for the objection known to you or your lawyer;
4. Whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class;
5. The identity and contact information of all lawyers who represent you, if any;
6. A statement whether you intend to personally appear and/or testify (speak) at the Final Approval Hearing;
7. Your signature (your lawyer’s signature alone is not sufficient); and
8. Identification of any class action settlements you and/or your lawyer(s) have objected to in the last three (3) years.

Speaking at the Final Approval Hearing: If you want to speak at the Final Approval Hearing to object to the Settlement you must state that in your written objection. If you do not file a timely written objection in the manner specified above, you will waive any objections and will be prohibited from making any objection (whether by appeal or otherwise) to the Settlement. If you are not a Settlement Class Member, you may not object to the Settlement.

If You Hire Your Own Lawyer to Represent You for Your Objection: If your lawyer wants to appear at the Final Approval Hearing, your lawyer must file, through the Federal Court CM/ECF system, a Notice of Appearance in this lawsuit no later than ten (10) days before the originally-scheduled date of the Final Approval Hearing (if the Final Approval Hearing is continued, the deadline runs from the first-scheduled Final Approval Hearing ).

The Parties may seek expedited discovery from an objecting Settlement Class Member regarding the basis for an objection, to allow them to appropriately respond to the objection. Failure by the objecting Settlement Class Member to comply with expedited discovery requests may result in the Court striking the Settlement Class Member’s objection and otherwise denying that Settlement Class Member the opportunity to make an objection or be further heard.

Objecting is simply telling the Court you do not like something about the Settlement. Requesting exclusion (opting out) is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you exclude yourself, you cannot object to the Settlement.

The Court will hold a Final Approval Hearing on February 25, 2026, at 2:00 p.m. before the Honorable Denise J. Casper, United States District Judge for the United States District Court for the District of Massachusetts, John Joseph Moakley U.S. Courthouse 1 Courthouse Way, Boston, MA 02210. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and decide whether to approve the Settlement, Settlement Class Counsel’s Fee Award and the Service Awards to the Class Representatives.

If there are objections, the Court will consider them. If you submit a timely, written objection, and you would like to speak at the hearing, you must indicate in your written objection that would wish to speak at the Final Approval Hearing to object to the Settlement. If you file a timely, written objection and you hire your own lawyer and your lawyer would like to appear at the Final Approval Hearing, your lawyer must file, through the Federal Court CM/ECF system, a notice of appearance in the lawsuit no later than ten (10) days before the originally-scheduled date of the Final Approval Hearing (if the Final Approval Hearing is postponed, the deadline runs from the first-scheduled Final Approval Hearing).

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via Zoom or telephone. You should check this website for updates.

No. Settlement Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. You cannot speak at the Final Approval Hearing unless you object and follow the requirements for requesting to speak. If you file an objection, you do not have to attend the Final Approval Hearing to talk about it. As long as you file your written objection on time, the Court will consider it.

If you are a Settlement Class Member and you do nothing, you will not receive a cash payment or an Evenflo credit toward the purchase of Evenflo products directly from Evenflo at www.evenflo.com. You will give up your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Evenflo and the Released Parties about the legal claims that are released by the Settlement.

The Notice summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. You may get additional information by sending an email to info@BigKidBoosterSettlement.com, by calling toll-free 1-888-864-3151, or by writing to:

Evenflo Marketing Litigation
Settlement Administrator
P.O. Box 2300
Portland, OR 97208-2300

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE REGARDING THIS NOTICE, THE SETTLEMENT OR THE CLAIM PROCESS.