Surprise Eggs Recall Class Action Lawsuit

Overview

On October 2, 2025, the U.S. Consumer Product Safety Commission (CPSC) announced the recall of Evermore Surprise Eggs, manufactured by In Motion Design Inc. of Paramount, California, due to the toy airplane contained within the eggs exceeding the federal lead content ban.

These gold-colored eggs, wrapped in yellow, pink, or green packaging, were sold at 7-Eleven, Horizon, Speedway, and Murphy stores nationwide from March 2025 to April 2025 for approximately $10 each. The eggs contain seven toys, including a small plastic airplane with lead levels deemed unsafe under the Consumer Product Safety Improvement Act (CPSIA) of 2008, which limits lead in children’s products to 100 ppm.

Lead is toxic, particularly to young children, and can cause developmental delays, neurological damage, and other adverse health effects if ingested. No injuries have been reported, but the CPSC has directed consumers to stop using the eggs immediately, destroy the toy airplane, submit a photo to In Motion Design for a refund, and dispose of the toy according to local regulations.

The recall, assigned number 26-001, highlights ongoing challenges in ensuring the safety of imported toys, especially those sold through convenience retail channels. Potential class action lawsuits are emerging, alleging negligence, product liability, and violation of consumer protection laws, as families face the burden of replacing hazardous toys and monitoring children for lead exposure [1].

The scale of the recall—98,350 units—combined with the accessibility of the eggs at convenience stores, underscores the potential for widespread exposure, particularly among young children drawn to the surprise toy format. This case echoes prior lead-related recalls, such as the 2007 Mattel toy recall, which resulted in $2.3 million in fines for CPSIA violations. Legal action may target In Motion Design’s quality control processes and the retailers’ role in distributing non-compliant products, potentially leading to stricter import testing protocols.

Affected Product Details

The recall targets:

• Evermore Surprise Eggs: Gold-colored eggs with yellow, pink, or green wrap, containing seven toys, including a plastic toy airplane. Sold at 7-Eleven, Horizon, Speedway, and Murphy stores from March 2025 to April 2025 for about $10.

Consumers can identify the eggs by their colorful wrapping and the inclusion of a toy airplane among the seven toys inside. The product was manufactured in China and imported by In Motion Design Inc. All units sold during the specified period are affected, with no specific lot codes provided [1].

Hazards of Lead in Surprise Eggs

The excessive lead content in the toy airplane poses significant health risks:

• Toxic Exposure: Ingestion of lead, common when children mouth toys, can cause developmental delays, learning difficulties, and behavioral issues.
• Neurological Damage: Prolonged exposure may lead to cognitive impairment or seizures in young children.
• Systemic Effects: Lead can affect kidneys, bones, and the cardiovascular system, particularly in children under 6.
• CPSIA Violation: The toy airplane exceeds the 100 ppm lead limit, breaching federal safety standards for children’s products.

Lead poisoning is particularly dangerous for young children, as even low levels can cause irreversible harm, with the CDC noting no safe blood lead level for children.

Symptoms of Lead Exposure from Defective Toys

Children exposed to the recalled toy airplane may exhibit:

• Early Symptoms: Fatigue, irritability, or abdominal pain within weeks of exposure.
• Neurological Signs: Difficulty concentrating, memory issues, or developmental delays.
• Severe Effects: Seizures, hearing loss, or growth delays in prolonged exposure cases.
• Parental Distress: Emotional trauma from monitoring children for health effects.

Medical costs for lead poisoning can range from $1,000 for initial screenings to $50,000 or more for chelation therapy and long-term care in severe cases.

Recall Remedy and Consumer Actions

The CPSC and In Motion Design recommend the following steps for a refund:

1. Immediately stop using the Evermore Surprise Eggs and remove the toy airplane from children’s access.
2. Destroy the toy airplane (e.g., by breaking it) and take a photo of the destroyed item.
3. Send the photo to support@in-motion-design.com to request a refund.
4. Dispose of the toy airplane according to local and state regulations, avoiding regular trash or recycling.

In Motion Design is contacting known purchasers via email, and refunds are processed upon photo submission. Consumers should retain purchase receipts and document any health concerns for potential legal claims. Reselling or donating the eggs is prohibited under federal law to prevent further risks. Refund processing may take 2–4 weeks due to the volume of recalled units.

Potential for a Class Action Lawsuit

The recall of 98,350 Evermore Surprise Eggs, driven by excessive lead content in violation of the CPSIA, provides a strong foundation for class action lawsuits against In Motion Design Inc. Potential legal claims include:

• Product Liability: Alleging the toy airplane’s excessive lead content constitutes a defective and unsafe product.
• Negligence: Claiming In Motion Design failed to test for lead compliance before distribution.
• Failure to Warn: Asserting inadequate warnings about lead risks on packaging or retail listings.
• Breach of Consumer Protection Laws: Arguing the eggs were misrepresented as safe for children, violating state statutes.

Plaintiffs may seek compensation for economic losses (approximately $10 per egg), medical monitoring costs ($1,000–$5,000 for lead screenings), emotional distress, and punitive damages for negligence. Although no injuries have been reported, the CPSIA violation and large recall volume strengthen the case, similar to the 2007 Mattel recall, which settled for $2.3 million in fines and consumer refunds.

Retailers like 7-Eleven and Speedway may face co-defendant liability for distributing the eggs, as seen in prior cases like the 2019 Walmart toy recall settlement. The eggs’ appeal to children and widespread sale at convenience stores suggest a sizable plaintiff class. Successful litigation could mandate stricter lead testing for imported toys and enhanced retailer oversight, addressing systemic safety gaps in budget toy distribution.

Do I Have a Surprise Eggs Class Action Lawsuit?

The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Evermore Surprise Eggs lawsuits. We are handling individual litigation nationwide and currently accepting new lead exposure cases in all 50 states.

Free Surprise Eggs Class Action Lawsuit Evaluation: If you or a loved one purchased Evermore Surprise Eggs or suspect lead exposure from the toy airplane, you should contact our law firm immediately. You may be entitled to compensation by filing a Surprise Eggs class action suit, and our lawyers can help.

References

1. https://www.cpsc.gov/Recalls/2026/In-Motion-Design-Recalls-Evermore-Surprise-Eggs-Due-to-Risk-of-Serious-Injury-Violates-Federal-Lead-Content-Ban