TOMY concealed toddler tower tip-over risk, new class action lawsuit alleges

Laura Polino and Grace Park filed a class action lawsuit against TOMY International Inc. on July 28, 2026, in the U.S. District Court for the Northern District of Illinois. The suit alleges TOMY sold a toddler step stool that tips over during ordinary use while advertising it as safety-tested.

The alleged defect

TOMY reportedly sold the Boon Pivot Collapsible Toddler Tower, a folding step stool that allows small children to reach kitchen counter height, through Target.com, Amazon.com and Babylist.com from January 2023 through June 2026 for roughly $150, according to the proposed class action.

The plaintiffs say they purchased the tower because the product page says it is "engineered for safety" with "non-slip feet" that "help tower stand steady," according to the filing. However, the product contains a defect that causes it to tip during the everyday use it is meant for, the lawsuit alleges.

What testing showed

Consumer Reports tested 16 toddler towers and published its findings on Sept. 4, 2025. TOMY's tower failed both the tipping and entrapment tests, the complaint claims. Consumer Reports reported "numerous" injuries across the category, including children's heads and limbs caught in gaps between parts, and that there are no safety standards specific to toddler towers. It claims it contacted TOMY about the risks but received no response, according to the class action.

The U.S. Consumer Product Safety Commission recalled three similarly designed toddler towers on April 23, 2026, citing dozens of safety incidents and multiple injuries.

Recall not adequate, plaintiffs claim

On July 16, 2026, TOMY and the CPSC announced a recall of roughly 116,000 towers. The remedy is a free repair kit owners install themselves: two weighted stabilizers attached to the bottom rung with a Phillips screwdriver, the lawsuit claims. TOMY tells owners to confirm the kit is "installed properly" but offers no guidance on how, the suit contends.

The plaintiffs say the recall offers no refund, replacement or reimbursement for the tower's diminished value and cite Consumer Product Safety Commission research finding participation drops when a fix burdens consumers, according to the lawsuit. In its recall notice, TOMY says it knows of 11 instability reports, none involving injuries, and called the recall voluntary and precautionary.

The legal claims

The complaint brings seven counts for a nationwide class of purchasers plus New York and California subclasses:

  • Unjust enrichment and quasi-contract, which alleges TOMY kept money it would not have collected had buyers known about the defect
  • Breach of implied warranties, which claims a step stool sold for toddlers carries a built-in promise of safety
  • New York General Business Law, which bars deceptive business practices and false advertising
  • California False Advertising Law, which targets false or misleading advertising
  • is Consumer Legal Remedies Act, which a California statute that prohibits selling goods as having qualities they lack
  • Unfair Competition Law, which is California's broad ban on unlawful, unfair or fraudulent business practices

The plaintiffs seek class certification, compensatory and statutory damages, punitive damages, disgorgement of TOMY's profits, interest and attorneys' fees.

What this means for buyers

The proposed nationwide class covers U.S. buyers who bought the tower for personal use with New York and California subclasses.

As of filing, there is no settlement and no claims process. TOMY has not yet answered the complaint in court.