WALMART is facing a class action lawsuit for its Mainstays brand candles that claims they cause injuries and damages.
The class action lawsuit says the wax in the candles sold at Walmart is capable of catching on fire and exploding due to getting too hot.
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Lawyers are now looking for people who bought Mainstays candles and experienced similar issues with them.
They are especially looking for people from highly populated states including California, New York, Illinois, New Jersey, Texas, Florida, Washington, Oregon, Colorado, and Tennessee.
The Walmart Mainstays Candle Dangerous Defect Class Action Lawsuit is Shelby Ellebracht v. Walmart Inc. in the U.S. District Court for the Western District of Missouri.
“Walmart has failed to disclose the existence of this defect to Plaintiff and other customers and purchasers,” the lawsuit argues.
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“Has failed to recall the defective candles, and has failed to reimburse plaintiff and other purchasers for the cost of purchasing the defective candles and/or the injuries and damages they suffered as a result of Walmart’s conduct.”
EXPLOSION
The plaintiff in the lawsuit, Shelby Ellebracht, said she experienced an explosion with a candle and said she was worried it was going to catch her house on fire.
Shelby also said she got second-degree burns from the candle explosion.
“According to Shelby, she had only burned her candle for about an hour when it suddenly started to produce flames that were high enough to damage the ceiling with soot,” Quick County reported citing Top Class Actions.
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I snag the cutest decor finds at Walmart - my $10 candle holders look right at home next to an $88 Anthropologie vase“She claims that these flames did not appear to be coming solely from the wick, and were instead emerging from the pool of melted wax.
“As she was afraid that the flaming candle might cause her house to catch fire, she pushed the candle into the sink, where it exploded.
“Shelby claims that the candle explosion sent fiery wax through the room, hitting her in the thigh.
“According to her, she suffered second-degree burns on her thigh from the explosion.”
CLAIMS OF IMPROPER LABELING
The bottom of the candles gives some warning and says, “FIRE HAZARD REALL ALL. STOP USE when ½ inches of unmelted wax remains as glass may shatter.”
“EXTINGUISH every 4 hours and all to cool. TRIM wick to ¼ inches prior to each use to reduce sooting. Do not allow flame to touch glass.”
The lawsuit adds that Mainstays candles did not contain any information or warning about excessive flames, flames that cannot be blown out or extinguished, flammable wax, candles that explode while burning, or other defects and dangers.
“By labeling and selling Mainstays candles in this manner, Defendants sought to create, and did create, an image of the candles that would lead a reasonable consumer to believe Defendants’ Mainstays candles were completely safe for use,” the lawsuit said.
In 2021, Shelby Ellebracht's case was combined with a number of other plaintiffs making the same complaint.
It is understood the case is ongoing after a motion was last filed in September 2023 to withdraw an attorney.
Jack McInnes, representing plaintiffs in the case, said they are still awaiting a ruling from the Court on Defendants’ motion to dismiss.
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He told the U.S. Sun, "There are a significant number of issues for the Court to resolve, and we hope to get a decision soon."
The U.S. Sun has reached out to Walmart for comment on the lawsuit.
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