Peloton has been slapped with a class-action lawsuit over the marketing of its popular Tread+ treadmill which has been responsible for the injuries of 39 children including one fatality in March, as first reported by TMZ.
The $5 million lawsuit targets an advertisement from Peloton that features a woman exercising next to a Tread+ with her young daughter next to 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.
Lead plaintiff Shannon Albright alleges that Peloton violated consumer protection laws and that “Peloton has known, or should have known, of the defective nature of its Tread+ product.”
The US Consumer Product Safety Commission (CPSC) warned customers not to use the Tread+ earlier this month, saying the machine posed “serious risks to children for abrasions, fractures, and death” after footage emerged of a child getting his head trapped underneath the device.
However Peloton responded to the CPSC’s warning, calling it “inaccurate and misleading”.
“Like all motorised exercise equipment, the Tread+ can pose hazards if the warnings and safety instructions are not followed,” the brand said in a statement.
The lawsuit 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 Sunshine in Product Safety Act, introduced to the US Congress last week would change a policy within the Consumer Product Safety Act which would mean regulators are unable to interfere with manufacturers in the event of a product defect.
The new bill would also enable manufacturers to restrict the information shared to the public.
Peloton hasn’t made any comment on the impending lawsuit.