Chinese power tool manufacturer faces class action over fire-prone lithium batteries

CHICAGO (CN) — A Chinese power tool manufacturer that does business in the U.S. and Canada is starting 2025 with a federal product liability class action on its doorstep. A Chicago resident filed the complaint against the manufacturer on Friday, claiming its “SKIL PWRCore” 40-volt lithium-ion batteries are a fire hazard.

“Plaintiff intended to purchase a product that would be safe for normal use, but instead was sold a dangerous fire hazard that eventually overheated and melted,” the named plaintiff, Anthony Desparrois, writes in the filing.

Desparrois targets Chervon North America — not to be confused with the multinational energy giant Chevron Corporation — a branch of Chervon Holdings, which is headquartered in the city of Nanjing, China. The company produces a number of electric construction and landscaping tools, as well as lithium-ion batteries, through associated brands like EGO, SKIL, FLEX, DEVON and X-TRON.

Desparrois backs his product liability claims by citing a recall of Chervon’s 40-volt lithium batteries for SKIL brand lawnmowers and other outdoor tools, issued this past Dec. 19. The batteries were recalled in both the U.S. and Canada, according to the United States Consumer Product Safety Commission.

Chervon North America’s headquarters is based in the Chicago suburb of Naperville, Illinois. The Consumer Product Safety Commission lists it as the American importer of the faulty batteries, which were manufactured in China between November 2019 and April 2021.

The Canadian government lists Chervon Canada as another importer, based in the city of Mississauga, Ontario.

The Canadian government estimates that 359 individual batteries were sold in Canada with another 63,000 sold in the United States. Despite reports of burns and property damage, the batteries’ reported tendency to catch fire has thus far not resulted in any serious injuries or deaths.

“The firm has received 100 reports of thermal incidents involving the batteries including overheating, melting, smoking and fire,” the U.S. Consumer Product Safety Commission reported in December. “These included eight reports of minor burns and/or smoke inhalation and 49 reports of related property damage.”

Desparrois does not claim to have suffered any burns or other injuries from the batteries, but does say he has “incurred damages” for buying a faulty product. He now seeks certification of both a nationwide class and Illinois subclass of consumers who also bought the recalled batteries. Desparrois claims the aggregate damages of the classes will exceed $5 million, and he brings 10 counts against Chervon for unjust enrichment, breach of express and implied warranties, fraud, negligence and product liability.

“As a result of defendant’s breach of warranty, plaintiff and each class member suffered and continue to suffer financial damage and injury, and are entitled to all damages, in addition to costs, interest and fees, including attorneys’ fees, as allowed by law,” Desparrois writes.

The Chicago resident also seeks injunctive relief against Chervon North America, barring it from selling the batteries “until such time that defendant can demonstrate to the court’s satisfaction that the products confer the advertised benefits and are otherwise safe to use as intended.”

Courthouse News reached out to Chervon North America for comment on the new complaint, but was told by a company representative that no one was immediately available to speak on the development.

According to Chervon Holdings’ 2024 interim report, the company reported net profits of $61.6 million for the first half of last year, and overall revenue of $815.7 million during the same period.

Follow @djbyrnes1