Surprise Eggs Recall Lawsuit | 2025 Latest Updates

What’s the Problem?

The U.S. Consumer Product Safety Commission (CPSC) announced a recall of Evermore Surprise Eggs produced by In Motion Design because the toy airplane inside the eggs contains lead above the federal limit, violating the federal lead content ban.

Lead is toxic if ingested, particularly in young children, and can result in serious health effects. The recall affects approximately 98,350 units distributed nationwide from March through April 2025.

No injuries have been reported so far, but the presence of excessive lead poses a silent threat. Legal actions may arise if children exposed to these toys manifest elevated lead levels, developmental effects, or require medical testing or treatment.

Latest Surprise Eggs Updates

• October 02, 2025 – CPSC issues recall for ~98,350 Evermore Surprise Eggs after finding excessive lead in the toy airplane component [1]
• October 03–05, 2025 – Media outlets report the recall and detail that the eggs were sold in convenience stores such as 7-Eleven, Speedway, and Murphy across the U.S. [2]
• October 2025 – Recall instructions released: destroy the toy airplane, photograph the destroyed part and submit to the manufacturer, and then dispose in accordance with local regulations [1]

Recall & Product Statistics

• Units recalled: ~98,350 Surprise Eggs
• Recall date: October 02, 2025
• Toys inside: toy airplane component primarily flagged for high lead content
• Locations sold: nationwide convenience stores including 7-Eleven, Horizon, Speedway, Murphy
• Sale period: March 2025 through April 2025
• Cost: ~US $10 per unit

Regulatory Context & Lead Safety

The federal lead content ban under the Consumer Product Safety Improvement Act (CPSIA) prohibits toys and components from containing lead above strict limits.

The recall notice emphasizes that lead is particularly harmful to children, affecting neurodevelopment and organ systems even at low exposure levels.

Surprise Eggs are Harmful: Risks & Injuries

Lead ingestion—even in small amounts—can cause harm over time. Potential risks include:

• Elevated blood lead levels (BLLs) detected via testing
• Cognitive deficits, developmental delays, learning and attention issues
• Behavioral problems, decreased IQ, and academic impacts
• Kidney damage, anemia, and hypertension with high exposure
• Psychological distress and costs for families from prolonged monitoring

Do You Qualify for a Surprise Eggs Recall Lawsuit?

• You purchased or your child used one of the recalled Evermore Surprise Eggs between March–April 2025
• You submitted or intend to submit a blood lead test for your child, or incurred costs for medical screening or monitoring
• You have proof of purchase, packaging, store location, or photographs
• Your child’s BLL was elevated or you can reasonably link exposure to health or expense harms

Evidence That Strengthens a Claim

• Blood lead test results showing elevated levels
• Medical records documenting follow-up, treatment, or referrals
• Proof of purchase—receipts, credit card statements, store location logs
• Photographs or retained packaging or toy parts with identification codes
• Communication with the manufacturer or participation in the recall process

Damages You Can Recover

• Medical expenses for testing, monitoring, treatment, and specialist visits
• Out-of-pocket costs: travel, childcare, lab fees, protective measures
• Pain and suffering, emotional distress, and lost quality of life
• Potential future treatment or educational support if developmental impacts are identified
• Punitive damages in cases of willful or reckless noncompliance

Recall Instructions & Consumer Remedies

Consumers are instructed to immediately stop using the Surprise Eggs. The recall remedy includes contacting In Motion Design for a refund.

The toy airplane component must be destroyed, photographed, and the photo submitted to the company to validate disposal. The destroyed component should then be disposed in accordance with local laws.

Statute of Limitations

Claims relating to lead exposure and product liability generally must be filed within a certain timeframe depending on the state—often one to three years from discovery of harm or exposure. Because lead damage may manifest over time, families should consult legal counsel early to preserve rights.

Frequently Asked Questions

• How do I know if my egg was recalled? – Check for Evermore Surprise Eggs packaging and confirm inclusion in the recall list via the recall notice.
• Can I sue even if my child shows no symptoms? – Possibly, if medical testing, monitoring or prophylactic care was necessary and harm is reasonably expected.
• What should I do with the egg? – Photograph, destroy the toy airplane per recall instructions, dispose, and submit photo to the manufacturer.
• How do I track lead exposure? – Ask a pediatrician or public health unit to order blood lead level testing and follow CDC guidance.
• Are class actions possible? – Large recalls often spawn class actions or consolidated individual suits depending on participation.
• Will attorneys accept my case on contingency? – Many product liability firms will take lead exposure and recall cases without upfront fees.

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
2. https://www.expressnews.com/news/article/recalled-refunded-a-warning-toxic-toy-excessive-21085451.php