Parents of Disappointed Children File Class Claims Against Toymaker

Elizabeth DiNardo, Esq. | Associate Counsel

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Disgruntled parents in California have filed class claims in California federal court against Toronto-based toy maker, Spin Master, after thousand of children were left disappointed on Christmas morning when their Hatchimals failed to hatch.

Hatchimals, which retail anywhere from $50 to $80, were crowned the “it” toy of the 2016 holiday prompting many parents to go to insane length to secure one for the holidays. The main attraction to the toy is the mystery factor—children don’t know which of the five “species” of Hatchimal they will get until the creature hatches from its shell. In order to reach the creatures’ grand reveal, it must be coaxed out of its shell with over a half an hour of tapping, tilting and rubbing. However, according to the complaint, many children spent over an hour trying to get their toy to hatch resulting in parents “surgically” removing the toy from its shell.

Problems with the toy did not end with its anticlimactic reveal. Many irritated parents hit the Amazon.com and Toys-R-Us.com message boards to complain that after cutting the toy from its shell it quickly ran out of batteries, causing further Christmas morning distress.

Named plaintiff, Jodie Hejduk, accuses the toymaker—who is the brand behind such blockbuster toys as Etch-a-Sketch, Tamagotchi and Build-a-Bear Workshop—of deceptive business practices and purposefully misleading consumers. Plaintiffs are seeking compensatory, statutory and punitive damages and a recall for all defective Hatchimals.

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