Judge Rules Walgreens Must Face Melting Cutlery Lawsuit

A California woman sued the retailer after plastic cutlery she put in the lower dishwasher rack melted.

Published on Feb. 16, 2026

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A federal judge in Chicago ruled that Walgreens must face a proposed class-action lawsuit over claims it sold plastic cutlery labeled as "dishwasher safe" that actually melted when placed in the lower rack of consumers' dishwashers. The lawsuit was filed by a California woman, Bridget Simpson, who said the front of the cutlery box displayed a "dishwasher safe" label, but the fine print on the bottom clarified it should only be placed in the top rack.

Why it matters

This case highlights ongoing concerns about product labeling and consumer deception, as well as the potential liability retailers face when selling items that do not perform as advertised. It also raises questions about how "dishwasher safe" claims should be regulated to protect shoppers.

The details

According to the lawsuit, Simpson put the Walgreens-branded cutlery in the lower rack of her dishwasher, where it melted into the appliance. The judge partially denied Walgreens' motion to dismiss the case, ruling that Simpson can proceed with claims of breach of express warranty, breach of implied warranty of merchantability, and violation of California's consumer protection laws.

  • The incident occurred when Simpson put the cutlery in her dishwasher.
  • Bridget Simpson filed the lawsuit against Walgreens in a Chicago federal court.

The players

Bridget Simpson

A California woman who sued Walgreens after plastic cutlery she purchased melted in her dishwasher.

Walgreens

A major American retail pharmacy chain that was sued over claims it sold "dishwasher safe" plastic cutlery that did not actually withstand dishwasher temperatures.

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What’s next

The judge will next consider whether to certify the case as a class action lawsuit, which would allow other consumers who purchased the allegedly defective cutlery to join the litigation against Walgreens.

The takeaway

This case underscores the importance of clear and accurate product labeling, as well as the need for retailers to carefully vet the items they sell to ensure they live up to any claims made about their performance or durability.