Peloton slammed with class-action lawsuit that criticizes the fitness company for including a child in previous marketing for Tread Plus that has injured 39 so far

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Peloton slammed with class-action lawsuit that criticizes the fitness company for including a child in previous marketing for Tread Plus that has injured 39 so far
Former marketing for Tread Plus that features a child near the machine cited in the lawsuit.Peloton
  • A class action lawsuit has been filed against Peloton for a spate of injuries tied to Tread Plus.
  • Lobbyists and lawmakers are urging the company to recall the treadmill after it refused last week.
  • The suit says "Peloton has known, or should have known, of the defective nature" of the Tread Plus.

As Peloton deals with mounting criticism over its refusal to recall its Tread+, the fitness company now faces a class-action lawsuit from unhappy customers.

According to the suit filed on April 20, lead plaintiff Shannon Albright alleges Peloton violated consumer protection laws and that "Peloton has known, or should have known, of the defective nature of its Tread+ product." It further states the company "sold and marketed the device as safe and appropriate for use by families in the home, even though its design makes it inherently and uniquely dangerous to children."

The legal action comes after a child was fatally injured in an incident involving a Peloton treadmill in March, prompting the US Consumer Product Safety Commission to issue a warning to consumers to stop using the Tread Plus.

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According to findings released by the CPSC on April 17, a total of 39 children and one pet have been injured by the machine. The organization also shared an accompanying video depicting a child being trapped underneath the $4,295 treadmill.

"CPSC staff believes the Peloton Tread+ poses serious risks to children for abrasions, fractures, and death. In light of multiple reports of children becoming entrapped, pinned, and pulled under the rear roller of the product, CPSC urges consumers with children at home to stop using the product immediately," the CPSC stated in a post on its website earlier this month.

In response, Peloton CEO John Foley called the CPSC findings "inaccurate and misleading" and said the company will not stop selling its treadmill.

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"The Tread+ is safe when our warnings and safety instructions are followed, and we know that, every day, thousands of Members enjoy working out safely on their Tread+," Foley said in a statement last week.

The lawsuit, which was filed in Northern California's US District Court, also includes a previous advertisement from the company that features a woman working out next to a Tread+ with her young daughter beside her.

"Chillingly, the child featured in the picture is exactly the sort of victim that the Tread+ machine is uniquely capable of killing or maiming," the lawsuit says.

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The incidents and subsequent lawsuit have also drawn the attention of a group US lawmakers. A new bill, the Sunshine in Product Safety Act, introduced to Congress last week would alter an existing policy within the Consumer Product Safety Act, if passed, that prevents interference from regulators and allows manufacturers to restrict information shared to the public in the case of a product defect.

Peloton did not respond to Insider's request to comment, though stated in a previous comment to Insider that "a recall has never been warranted."

If you're a Peloton consumer or employee who has a Tread+ story to share, contact this reporter via email at bbiron@businessinsider.com or by encrypted messaging app Signal at +1 (646) 768-4706.

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