Evenflo Car Seat Lawsuit Says Revolve Slim 360 Headrest Foam Poses Choking and Ingestion Risks

Lawsuit comes after a massive Evenflow car seat recall was issued earlier this year, impacting nearly 325,000 products that regulators indicated pose a potential choking hazard for young children.

A Virginia woman has filed a class action lawsuit claiming she and other parents would have never purchased the Evenflo Revolve Slim 360 car seat had they known it posed choking and ingestion risks to children.

The complaint (PDF) was brought by Samantha Toney in the U.S. District Court for the District of Massachusetts on November 26, naming Evenflo Company Inc. as the defendant.

The Evenflo Revolve Slim 360 is a kind of 2-in-1 convertible car seat designed to rotate 360 degrees to make it easier for caregivers to place or remove their child. However, the U.S. National Highway Traffic Safety Association (NHTSA) issued a recall of 324,997 Revolve Slim 360 products on September 29, 2025.

In the recall report (PDF), regulators warned that the seat’s foam headrest can be picked apart or chewed by children, and noted eight incidents where kids gained access to the foam or ingested pieces of it. NHTSA indicated that such incidents could lead to choking or other serious injuries.

According to the lawsuit, Evenflo continued to market the Revolve Slim 360 as a safe, premium car seat despite receiving its first report of a child picking off and ingesting foam from the headrest in 2023. The complaint states the company went on to receive additional reports of children accessing or swallowing pieces of the foam through 2025, yet continued selling the product without warning consumers.

Toney argues that the defect makes the seats “dangerously unsafe” and unfit for their intended purpose, noting that other manufacturers offer comparable products without similar choking risks. The complaint claims Evenflo had access to safer alternative designs and materials but failed to adopt them, leaving the nearly 325,000 recalled seats effectively worthless to families who relied on them for child safety.

The lawsuit also challenges Evenflo’s handling of the recall, claiming the company delayed action for nearly two years after first learning of the problem. Instead of offering refunds or full replacements, the complaint says Evenflo is only providing a repair kit to customers who register their seats, which the plaintiff argues fails to address the underlying defect and places the burden of installation on consumers.

Toney alleges she never would have purchased the car seat had she known about the risks. She claims Evenflo’s marketing, which highlights “safety innovation” and “thoughtful design,” misled parents into believing the product met basic safety standards. As a result, she contends that she and other consumers were denied the benefit of the bargain by paying for a product promoted as safe while the company allegedly knew it posed a choking hazard to infants.

“The Defendant knew about this defect for two years and did nothing to fix it. There are no assurances that the repair remedy is adequate, and it also requires the consumer to properly install it. This is an additional burden that is placed upon the consumer as it was not part of the initial ‘benefit of the bargain’ they entered into when buying the recalled car seats.”

— Samantha Toney v. Evenflo Company Inc.

The complaint raises allegations of unjust enrichment and breach of the implied warranty of merchantability. It is seeking class action certification, damages, and pre- and post-judgment interest.

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