Baskin-Robbins Chain Sues Its Former Supplier of Blenders

Ice cream chain Baskin-Robbins USA Co., facing claims from customers injured by blades and other mixer parts found in the company’s Blast style drinks, has sued its former supplier of blenders.

Glendale-based Baskin alleges in its Orange County Superior Court lawsuit that it has spent more than $700,000 to replace faulty blenders supplied in 1994 and 1995 by Hamilton Beach/Proctor Silex Inc.

The lawsuit asserts that fragments or parts of blade assemblies came apart as the mixers blended ice in the drinks. One customer swallowed a blade part and another was hospitalized when a washer from a modified blade assembly “was lodged in the customer’s throat,” the suit states.

The number of injury reports from 2,400 Baskin stores nationwide was “very small,” Jerry Lovejoy, Baskin’s general counsel, said in a news release. Neither he nor other Baskin executives were available to provide details.

The lawsuit accuses Hamilton Beach of breaking written and oral contracts and defrauding Baskin, and demands that the Glen Allen, Va., appliance maker compensate Baskin to cover any customers’ claims.

Baskin, which didn’t specify its damages, also sued Rick Anthony, agent for Hamilton Beach’s West Coast office in Laguna Hills. He could not be reached for comment.

Hamilton Beach spokeswoman Eleanor Mustascio said the parties had been in discussions for some time over the disputed blenders. But she said she was unaware of the lawsuit and wouldn’t comment further.

Baskin needed sturdy blenders when it concocted its Cappuccino Blast and other “blast” drinks more than two years ago in an effort to boost sales and recover lost market share. The blenders had to chop through ice cubes that go into the drinks.

Hamilton Beach, which had supplied mixers to the ice cream maker since 1970, told Baskin that its blenders could do the job, according to the lawsuit. Baskin bought “thousands” of blenders for its franchisees worldwide, the suit states.

But almost from the start, customers found bits of blades and other parts in their drinks, the lawsuit alleges. Anthony assured Baskin that the blenders weren’t defective, asserting that employees were using them improperly, according to the suit. He promised that Hamilton would distribute sturdier blade assemblies and would quickly fix any problems found.

But, the suit alleges, Hamilton never intended to ship sturdier assemblies and never fixed the problem. Hamilton settled at least three injury claims from customers, concealing them from Baskin, the suit alleges.

Baskin decided last year to replace the blenders with Waring and Vitamax brand mixers.