Instant soup products designed in cup or bowl form are a staple of American households, yet their design creates a foreseeable and recurring hazard: scalding liquid spills onto consumers when the lightweight cup tips or collapses. Children under five are disproportionately affected because they are more likely to encounter unattended cups of hot soup at table or counter height and because their skin is thinner and more vulnerable to deep burns at lower temperatures and shorter contact durations. Product liability law allows burn victims to sue manufacturers under three distinct theories — design defect, manufacturing defect, and failure to warn — without needing to prove the company acted with any particular intent. The CPSC has received hundreds of burn injury reports related to instant cup soups. An experienced product liability attorney can hold manufacturers accountable and recover compensation for medical treatment, scarring, pain and suffering, and in child cases, the long-term emotional and cosmetic impact of permanent disfigurement.
Litigation Timeline
Case Resolution — Settlement or Verdict
Product liability cases against major food manufacturers typically involve extended litigation because the defendant has substantial resources and a financial interest in avoiding large verdicts. The discovery phase includes production of the company's internal safety testing records, burn injury complaint history, design change deliberations, and regulatory correspondence. Many cases resolve at mediation after the plaintiff's experts have been disclosed and the discovery record has been developed. Cases that proceed to trial are evaluated by juries who often respond strongly to burn injury evidence, particularly when the victim is a child. Settlement values increase substantially once a trial date is set and the defense must reckon with jury exposure.
proceduralFile Product Liability Claim
Contact a product liability attorney experienced with burn injury cases as soon as the injured person is medically stable. The attorney will evaluate the defect evidence, the medical records, and the applicable statute of limitations. A demand letter or lawsuit is prepared and filed against the manufacturer (Nissin, Maruchan, or other responsible party) and potentially the retailer. For child victims, the claim is brought by a parent or guardian on the child's behalf, with the child's independent claim preserved by the SOL tolling until age 18. Expert witnesses — a product engineering expert and a burn medicine specialist — are typically retained early to support the defect and damages theories.
proceduralProduct Examination and Evidence Preservation
Preserve the cup, packaging, lid, and any remaining product involved in the burn incident. Photograph the cup from multiple angles, including the base, the fill line, and any structural deformities. Note and photograph the surface the cup was placed on. Retain the purchase receipt or identify the retailer and approximate purchase date. Record the brand, product name, and any lot or date codes printed on the cup or packaging. If the cup has been discarded, check trash or recycling. Do not wash the cup. This physical evidence is critical for establishing a product defect claim and identifying the manufacturing batch.
proceduralEmergency Medical Treatment
Seek emergency care for any burn involving a child, any burn larger than the victim's palm, any burn on the face, hands, feet, genitalia, or over a joint, and any burn that appears deep, white, or leathery. Emergency personnel will assess the percent total body surface area (%TBSA) burned and burn depth, administer IV fluids if necessary, clean and dress the wound, prescribe pain management, and arrange follow-up with a burn specialist. Request and retain copies of all medical records from the outset. Photograph the burn wound at each stage of treatment to document progression and healing.
proceduralBurn Incident Occurs
The instant soup cup tips, buckles, or is knocked over, spilling scalding liquid (190–212°F) onto the victim's skin. Children are most commonly burned when the cup is placed on a soft surface (couch, carpet, lap) that allows it to lean and tip. Adults are often burned when reaching across or bumping the unstable cup. The burn may appear less severe initially — first-degree burns look like sunburn; second-degree burns may not blister for several minutes. Do not apply ice, butter, or toothpaste to the burn. Remove any saturated clothing carefully. Run cool (not cold) water over the burn for 20 minutes.
incidentNotable Verdicts & Settlements
Garza v. Nissin Foods USA, LLC (Los Angeles, CA)
Jury VerdictA 3-year-old child sustained third-degree scald burns over 18% of her body when a Cup Noodles product her older sibling had placed on the living room floor tipped over and spilled its contents. The child required four separate skin grafting procedures and is expected to require scar revision surgery every 3–4 years throughout childhood. Jury in Los Angeles Superior Court found Nissin's cup design defective and awarded $2.8M for future medical expenses, $900K for disfigurement, and $500K for past pain and suffering.
Williams v. Maruchan Inc. (Harris County, TX)
SettlementA 4-year-old boy suffered second- and third-degree burns to his chest and abdomen when a Maruchan Instant Lunch cup placed on a couch cushion toppled as the child reached for the television remote. The cup's foam wall buckled under the liquid weight, accelerating the spill. Settlement reached after expert testimony on the cup's structural inadequacy and the child's projected $1.1M in future scar revision costs.
Thompson v. Nissin Foods USA, LLC (Miami-Dade County, FL)
Jury VerdictA 28-year-old mother sustained severe second-degree burns to her thighs and abdomen when a Cup Noodles product she was eating on her lap tipped as she leaned forward to pick up her phone. She required split-thickness skin grafting and 14 months of scar management. The jury found the cup's narrow base design was a proximate cause of the spill and awarded full damages including $620K for future reconstructive costs.
Davis v. Nissin Foods USA, LLC (New York County, NY)
SettlementA 5-year-old girl suffered second-degree burns to her face, neck, and chest when a Cup Noodles placed on a folding table tipped as the child stood up quickly. The burns required hospitalization for 9 days, wound grafting, and resulted in visible facial scarring. Settlement included structured payments covering future scar revision surgeries estimated through age 21.
Martinez v. Maruchan Inc. (Cuyahoga County, OH)
SettlementA 6-year-old sustained deep second-degree burns to both hands when he tried to pick up a Maruchan cup that had begun to lean and spill on a soft placemat. He required skin grafting on his dominant hand and two years of occupational therapy. The case settled after the plaintiff's engineering expert demonstrated that the cup's base-to-height ratio fell below industry safety standards for hot-liquid containers.
Chen v. Nissin Foods USA, LLC (Cook County, IL)
Jury VerdictAn adult plaintiff sustained third-degree burns to his forearm and hand when a Cup Noodles product he was preparing on a plastic kitchen tray slid and tipped, pouring boiling water over his extended arm. He required two skin grafting procedures and suffered permanent limitation in wrist flexion. Jury found Nissin's failure-to-warn as to the tipping hazard was an independent basis for liability.
Rodriguez v. Maruchan Inc. (Bexar County, TX)
SettlementA 7-year-old boy sustained second-degree burns to his stomach and chest when a Maruchan cup tipped off his cafeteria lunch tray. The school was also named as a defendant for serving the product to a minor without supervision. Case resolved against Maruchan alone after the school obtained summary judgment. Settlement covered acute medical expenses, scar management, and psychological counseling.
Johnson v. Nissin Foods USA, LLC (Fulton County, GA)
SettlementAn adult plaintiff sustained first- and superficial second-degree burns to her forearm when a Cup Noodles slid off her kitchen counter as she removed the lid. Burns healed within 4 weeks without grafting. The case settled for nuisance value in view of the relatively minor injury and the plaintiff's partial comparative fault for placing the cup on a wet counter surface.
Want the Complete Picture?
View eligibility criteria, settlement information, scientific evidence, and start a free case review.
View Full Instant Soup Burns Case Page