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.
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