Category Archives: Lawsuit

Flushmate® III Pressure-Assist Flushing System

This is an informational website for a putative class action lawsuit against Flushmate®, a division of Sloan Valve Company and various toilet manufacturers related to U.S. Consumer Products Safety Commission (“CPSC”) Recall issued on June 21, 2012 for the Series 503 Flushmate® III Pressure Assist flushing systems installed inside toilets manufactured by American Standard, Kohler, Gerber, Crane, Eljer, Mansfield and St. Thomas. For more information about the Flushmate Safety Recall click here.

Although a recall has been issued, Flushmate is not proactively replacing the Flushmate units that are subject to the recall.  Instead, owners are directed to turn off the water supply to the toilets and await receipt of a “repair kit.”  Flushmate is also refusing to pay the labor costs associated with the installation of the so called “repair kit.”

The system can burst at or near the vessel weld seam releasing stored pressure.
This pressure can lift the tank lid and shatter the tank, posing impact or laceration hazards to consumers and property damage.

Flushmate has received over 304 reports of the product bursting, resulting in property damage and 14 impact or laceration injuries.

Owners of toilets containing the recalled Flushmate units have filed lawsuits against Flushmate and the toilet manufacturers seeking damages on behalf of all owners of toilets containing the recalled Flushmate units who have paid out-of-pocket costs associated with the repair and/or replacement of the Flushmate units.

If you own a toilet containing a Series 503 Flushmate III Pressure-Assisted flushing system manufactured between October 14, 1997 and February 29, 2008, please contact our office for a free legal consultation.

Birka-White Law Offices
David M. Birka-White
411 Hartz Avenue, Suite 200
Danville, CA 94526

Telephone: (925) 362-9999
Toll Free: (866) 474-9999


The recalled Flushmate units were manufactured from October 1997 to February 2008. The units are rectangular, black, two-piece vessels made of injection molded plastic. The date code/serial number is 16 characters long and is located on the label on the top of the Flushmate III. The first six numerals of the serial number are the date code. The date code range for this recall begins with 101497 (October 14, 1997) and continues through 022908 (February 29, 2008).

Sold at:
The Home Depot and Lowe’s stores, distributors and plumbing contractors nationwide for about $108, and sold to toilet manufacturers including American Standard, Crane, Eljer, Gerber, Kohler, Mansfield and St. Thomas.

About 2,330,600 in the U.S.


United Desert Charities, et al. v. Flushmate, et al.
(Flushmate, American Standard, Kohler, Gerber, Mansfield and Home Depot)
U.S. District Court, Central District of California, Case No. 2:12-cv-06878-SJO-SH
On August 9, 2012, Birka-White Law Offices filed a nationwide class action lawsuit against Flushmate, a division of Sloan Valve Company and American Standard Brands on behalf of owners of toilets containing the Series 503 Flushmate III Pressure-Assisted flushing system.  A First Amended Class Action Complaint was filed on October 5, 2012, adding Defendants Kohler, Gerber, Mansfield, and Home Depot.  Click here for a copy of the complaint.






David M. Birka-White

Mindy M. Wong

411 Hartz Avenue, Suite 200
Danville, CA 94526

Telephone: (925) 362-9999
Toll Free: (866) 474-9999

About Birka-White Law Offices
Birka-White Law Offices specializes in product liability and consumer fraud. David Birka-White has handled dozens of product liability cases and class actions involving defective products. He was among the first attorneys to successfully prosecute multi-state and nationwide class actions involving defective building products.

This website was created by the attorneys representing the plaintiffs in the cases against Flushmate. The website is not intended to provide any legal advice.


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