Court: United States District Court, Northern District of Illinois
Case No.: 15-cv-01364
Rust-Oleum specializes in creating products to protect surfaces—such as decking and patios—from the elements. One of its products is a line of deck resurfacers called Restore. The company claims these resurfacers are superior to paints and stains and will extend the lives of consumers’ decks. Rust-Oleum also charges a premium price based for Restore on these claims.
As alleged in the complaint filed against Rust-Oleum, the Restore line of products—under the names Restore, Restore 4X, and Restore 10x—are prone to prematurely fail shortly after application. Plaintiffs allege the product flakes, separates, and degrades wood decks and will ultimately have to be removed. Making matters worse, Restore contains crystalline silica which defendant admits “has been shown to cause lung damage and cancer under long term exposure.” Proper replacement and removal of Restore is therefore potentially hazardous as well as expensive. Plaintiffs are seeking damages for Rust-Oleum’s misrepresentations made to consumers about the benefits of using Restore.
To read the most recent complaint in its entirety, click here.
If you or someone you know has experienced similar or other issues with Rustoleum’s Restore products, contact us or fill out our online form.
Plaintiffs filed their consolidated Amended Class Action Complaint on May 19, 2015. They are awaiting a response from Defendants.