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Since 2018, several thousand people have found that their mattresses had been leaking fiberglass particles and causing their rashes and breathing problems for months. We’ve been warning people about the specific unethical brands since we first caught wind of it being an issue. Now we’re making an overview of fiberglass mattress lawsuits taking place or being prepared. There’s much less going on than we expected, considering the extent of damage people have suffered.
Fiberglass mattress lawsuits: which brands are affected?
The only current fiberglass mattress lawsuits are against Zinus.
Two big Zinus mattress lawsuits are ongoing and we have yet to see the outcome of each. The Gutierrez v. Zinus class-action lawsuit gained the most traction with the public, but Chandler v. Zinus was the first one of its kind.
Other mattress brands that might face lawsuits include:
- Nectar
- Ashley Furniture
- Vibe (Classic Brands)
I’ve found several law firms online that are currently collecting statements from individuals affected by fiberglass mattresses as a part of a lawsuit investigation.
Zinus, Nectar, Ashley Furniture, and Vibe are the four mattress brands I keep seeing, but these law firms frequently remind people to contact them if they were injured by any other brand of memory foam mattresses.
It’s interesting to see that there hasn’t been a noticeable change since last year. Those law firms are still seeking people to file claims and I’m not finding any new class-action lawsuits published online.
Maybe they just want to gather as many individuals as possible, but also, maybe the above mattress companies have learned a lesson from Zinus and are currently trying to reach a settlement outside of court.
What’s specifically intriguing is that one of those law firms, Environmental Litigation Group P.C., used to have a page connected to the leaked fiberglass mattresses class action lawsuit where people could make a claim, but that page has disappeared at some point.
Have they collected a sufficient number of clients or have they given up on the case? Since they don’t respond to my email, only time will tell.
Many brands have preemptively decided to stop putting fiberglass in their mattresses due to the risks. Novilla mattresses made after 2021 don’t contain fiberglass, for example.
Zinus fiberglass mattress lawsuits
Chandler v. Zinus
This is the original Zinus mattress lawsuit.
Back in 2020, at the onset of Covid-19, Amanda Chandler and Robert Durham filed a class-action lawsuit against Zinus and all of the largest companies which sell their mattresses, including names like Amazon, Walmart, Target, Wayfair, and eBay. The suit was filed in Illinois.
They claimed that the company failed to warn users not to remove or wash the zipped outer cover and of the severity of consequences if the cover was removed, such as fiberglass exposure, health risks, and property damage.
Gutierrez v. Zinus
In April of the following year, a California resident Vanessa Gutierrez was included in the suit after her Zinus Green Tea mattress leaked fiberglass, injuring her and her children.
The fire-retardant layer shed particles through the outer cover of the Zinus mattress without Gutierrez ever opening or removing the mattress’s cover. She had nearly $20,000 in damages and Zinus only offered a compensation of $1,000. Vanessa declined this offer and decided to take things to court.
Her claims, and claims of other non-Illinois residents, were dismissed by the district judge. Gutierrez then decided to file a claim in Sacramento in July 2022 and she is the lead plaintiff representing thousands of affected consumers harmed by Zinus products, namely Zinus memory foam mattresses.
Zinus has since attached “Do Not Remove Cover” tags to their mattress covers, but the zippers are still there, and they aren’t replacing the fiberglass with other fire-resistant materials. Zinus continues to fail to provide consumers with clear information on the harmful effects of fiberglass inside their mattresses.
All things taken into consideration, Gutierrez put forward nine causes of action in the lawsuit against Zinus:
- Count One – Violation of The Magnuson-Moss Warranty Act (Breach of Implied Warranty)
- Count Two – Strict Liability (Failure to Warn)
- Count Three – Strict Liability (Design Defect)
- Count Four – Negligence
- Count Five – Violation of California’s Unfair Competition Law (“UCL”) California Business and Professions Code § 17200, et seq.
- Count Six – Violation of California’s False Advertising Law (“FAL”) California Business & Professions Code § 17500, et seq.
- Count Seven – Violation of California’s Consumers Legal Remedies Act (“CLRA”) California Civil Code § 1750, et seq.
- Count Eight – Unjust Enrichment
- Count Nine – Breach of Implied Warranty of Merchantability
Potential fiberglass lawsuits
Nectar fiberglass mattress lawsuit
At the moment, there are no lawsuits against Nectar regarding fiberglass exposure.
As I mentioned above, there could be lawsuit preparations because Nectar mattresses harmed people as much as Zinus mattresses. Here are some Amazon reviews of Nectar mattresses.
From Victor V in the United States on December 19, 2022:
I was super concerned when I was constantly getting sick after using this mattress but I correlated it with the fact that I had moved states and I was just adjusting to the weather or something but after almost a year I found out that they use fiberglass in their mattress and I’ve been waking up with hives on my face, headaches, and rashes all over my body. I seriously hope that people read this review and stay as far away from this mattress as possible. I had assumed that in me spending $800 on a mattress I would receive something of quality but instead I was unknowingly cuddling with death every night. 1/10 would not recommend.
From Edward in the United States on June 1, 2021:
These things have an outrageously dangerous fiberglass sleeve under the outer cover. They say it’s safe as long as you don’t remove the outer cover, but after two/three years of regular use the fiberglass is now leaking out of the mattress. Insulting reaction from Nectar. I don’t expect these things to be on the market forever.
Nectar has dealt with lawsuits in the past regarding false claims that their mattresses were made in the US.
Ashley Furniture fiberglass mattress lawsuit
Ashley Furniture hasn’t yet been sued for injuries and loss of property due to fiberglass leaks from their mattresses. However, people have been getting sick and they have been reporting their experiences.
From E. S. in the United States on June 1, 2023:
I’ve only had this mattress for a year and a half and it is leaking fiberglass. We have never opened the cover. The label does not tell the fact that it has fiberglass in it, but it has leaked all over everything underneath. It is a nightmare to clean and will make your family sick.
From MJB in the United States on May 5, 2022:
My original, initial review explained regarding with my purchase of my utter distain was removed. Wouldn’t want to make the manufacturer look bad, right? Overall this mattress is comfortable & was delivered in a prompt manner. Upon opening the delivered box, I experience an explosion of fiberglass throughout my living & dining room. It got on to my hands, arms & eyes. A real health hazard! Hopefully this review will make the cut.
Ashley Furniture was sued numerous times before but for other, much “smaller” types of issues.
Most of these lawsuits were about Ashley not delivering furniture on time, and sometimes being late for weeks. Others were based on Ashley’s deceptive practices regarding pricing (fake sales) and false marketing of their products.
Vibe fiberglass mattress lawsuit
There are no ongoing lawsuit claims against Classic Brands, the company which produces and sells Vibe mattresses.
Most people got attracted to Vibe by the low price point, but they couldn’t have guessed the actual price they had to pay for this mattress after all the fiberglass damage was done.
Many bought these mattresses for their kids, and it’s no wonder people think there are Vibe lawsuits out there. It seems like some people are preparing class action lawsuits, but we have yet to see whether they will really take place.
From Sam Nelson in the United States on May 5, 2021:
Have had for about a year and started noticing sparkling in my sheets. Didnt think much of it at first but I didn’t even know mattresses use fiberglass until random YouTube video popped up in my recommendations. Started to have a full body rash. Some people are saying not to remove the cover, but I didn’t. I never removed the cover and the fiberglass strands still came out.
From Juana Marcos in the United States on November 3, 2022:
Avoid this mattress at all cost. The mattress has a cover, however, the fiberglass will leak out. If you plan on getting this mattress I suggest getting a mattress protector, the plastic ones, to add a layer of protection and NEVER TAKE IT OFF. The original cover that the mattress comes with is made out of cloth material and it stretches allowing the fiberglass to bleed out. It has been a nightmare for me, I had to throw away 75% of my items. For months I woke up with a sore throat thinking I was just getting sick, it was actually my body inhaling the fiberglass particles that was making my throat sore. Please, avoid this mattress.
Can you make a claim if you’ve been exposed to fiberglass?
Yes, you can join one of the class action lawsuits – just google “fiberglass mattress lawsuits” or “fiberglass class action”, and you’ll be able to find websites where you can reach attorneys who would be happy to hear your story.
Another way is to find a personal injury lawyer to represent you in an individual case.
Here’s what you need in order to be eligible to make a claim:
- you own a mattress that leaked fiberglass (regardless of whether or not you removed the mattress cover)
- you suffered injuries or property damage due to exposure to fiberglass
- you have evidence that you purchased the mattress.
Prepare well!
If you have suffered any damage and you want to file a lawsuit, you should start documenting everything that happened and collect any piece of evidence you can. Take photos of the damage and collect every single bill you had to pay as a direct result of fiberglass exposure.
This includes:
- medical bills (a host of health issues appear due to tiny shards of broken fiberglass fibers; from aggravated asthma and respiratory issues to rashes),
- fiberglass cleanup and remediation,
- hotel stays/temporary apartment living and every meal you had to eat outside of your contaminated home,
- bills for clothes, new furniture, carpets, and anything else you had to buy as a replacement,
- calculate the lost time at work,
- any other financial losses.
If all goes well in the trial, you should be compensated for your losses fairly, but you can never know the exact amount you’d get.
Risks of fiberglass exposure from mattresses
When fiberglass leaks through the outer mattress cover, it causes health problems such as:
- skin rash and cuts
- eye irritation
- allergic reactions
- dermatitis (skin irritation, itch)
- worsened asthma
- upper respiratory infections
- chronic breathing problems
- sore throat
- lung scarring
- coughing and/or wheezing
Since fiberglass shards are so minuscule, they get airborne and easily spread all around, not just in the bedroom, but in the entire home. These small, glittery spikes end up everywhere.
Contaminated items usually need to be completely replaced and they include:
- bed and mattress
- pillows and sheets
- carpets
- clothes, shoes, and any items made of fabric
- upholstered furniture, cushions
- toys
- AC units.
California Assembly approves ban on fiberglass in mattresses
On May 30, 2023, the California Assembly passed a ban on the sale of any mattresses and upholstered furniture that contain fiberglass.
Assembly Bill 1059 is now being reviewed by the Senate. If it gets enacted, the new law would take effect in 2027.
This would be a big deal in the mattress industry because California is a huge market and when mattress manufacturers are forced to comply with a California standard, they are likely to keep the same standard for other states.
By the way, fiberglass was first used as a cheap replacement for chemical flame retardants which California banned in 2018. Mattress manufacturers have since stopped using many of the toxic chemicals they used to use but they instead opted for fiberglass. Now that fiberglass is about to get out the door, we’ll see what happens next.
Non-toxic alternatives for fire-resistant materials are, for example, wool and rayon. This means there are still both natural and artificial ways for mattress companies to make a mattress flame retardant.
FAQs
First, look at the brand. If your mattress is Nectar, Vibe, Zinus, Ashley Furniture, or other brands which are known to contain fiberglass, then you’ve got your answer – yes, it does have fiberglass. Then, look at the mattress tag. Was the mattress manufactured in China? If so, be extra suspicious; this is a red flag. Does the label mention fiberglass, glass fibers, or silica? This usually means that the mattress contains fiberglass. However, labels with “glass fibers” or “silica” doesn’t have to mean that the mattress contains fiberglass itself if it’s a high-quality mattress like TempurPedic (more on fiberglass in Tempurpedic mattresses here). Does the mattress have a cover with a zipper and a “Do Not Remove Cover” tag? If the answer to both is yes, it’s very certain that your mattress does contain fiberglass.
Simply put, manufacturers need to comply with fire retardant regulations and some of them cut costs by using the cheapest fire retardant layers; in other words, fiberglass. And the reason they are opting for fiberglass is that as of 2018, they can’t use flame retardant chemicals because those proved too toxic.
Unfortunately, processes like this tend to be lengthy and it could easily be several years before you see any compensation. It’s better to focus on other ways you can speed up your financial recovery than to wait to be paid off.
Conclusion
While class-action lawsuits against fiberglass mattresses such as Nectar, Vibe, and Ashley Furniture (among others) are likely to be prepared by various law firms, only two lawsuits against Zinus have been going on for a couple of years now.
We have not yet witnessed the outcome of those lawsuits.
While the situation is developing, you should be aware of the health issues connected to fiberglass leaks. Make sure to know how to recognize mattresses containing fiberglass and stay away from them.
Next step: Read our guide to mattresses without fiberglass. We list the top brands that don’t use fiberglass in their mattresses so you can decide for yourself which one is right for you.
With over 5 years experience writing about sleep and mattresses, she's considered one of the go-to experts on the topic.
She likes cycling, nature, art, and languages. She pays special attention to providing you with accurate and useful information when it comes to your sleep quality.
After solving her personal sleep and tiredness problems, she is on to help others by sharing this invaluable information.
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