Behr Process Corp. was hit with a class action lawsuit alleging its outdoor stain, DeckOver, is defective because it fails to withstand years of weather as promised by advertisers.
Lead plaintiff Judy Anderson alleges in her Behr DeckOver lawsuit that within months of application, the outdoor stain bubbles and strips away. She says that this leads to extensive damage to exposed wood, including decks and other outdoor structures. Further, alleges the plaintiff, Behr advertises the stain as able to last through years of wear and tear.
According to the Behr DeckOver lawsuit, the plaintiff purchased the stain because it was marketed as able to last on horizontal surfaces for up to 10 years and up to 25 years on vertical surfaces. However, the stain the plaintiff says she applied in the summer of 2016 began to peel within four months.
“What started as small peeling and bubbling has grown to peeling of strips that are several inches in length and involve considerable bubbling,” states the Behr DeckOver lawsuit. “The condition of plaintiff’s deck continues to deteriorate. As a direct result of defendant’s unfair, deceptive, untrue and misleading marketing and warranting of the DeckOver products, Anderson suffered injury in fact and lost money and property.”
The Behr DeckOver stain is unique because it is an acrylic film-forming finish. At nearly $35 a gallon, Behr touted the DeckOver line as being able to “bring new life” to old decks.
Behr also promised that the product would conceal cracks and splinters, resist cracking and peeling, and would provide a durable, mildew resistant finish.
Additionally, homeowners would not have to reapply the stain every year, according to Behr’s DeckOver advertising.
The Behr DeckOver lawsuit alleges that the company misled the plaintiff and consumers into thinking their stain would last longer. Citing numerous negative reviews of the product, the plaintiff says that she and others relied on Behr’s advertising in making their decision to spend money on the stain.
“Purchasers of the DeckOver products, including plaintiff, make purchasing decisions in reasonable reliance upon the information provided by defendant and its authorized retailers on websites and in marketing literature, advertisements, guarantees and warranties,” alleges the Behr DeckOver lawsuit. “Indeed, defendant’s representations about DeckOver products’ sole, ordinary and intended purpose were necessarily the reason purchasers’ bought these products.”
Anderson seeks to represent a nationwide Class of individuals who purchased Behr DeckOver products, along with a subclass of Illinois residents.
The plaintiff is seeking economic and compensatory damages for herself and on behalf of the potential Class. She also wants a court order compelling Behr to audit and reassess customer claims regarding the product, including claims Behr denied previously.
The Behr DeckOver Lawsuit is Anderson v. Behr Process Corporation, Case No. 1:17-cv-08735, in the U.S. District Court for the Northern District of Illinois.
If you are concerned that you’ve been damaged by false advertising, contact the attorneys at Bradley/Grombacher. They can help you determine if you have a claim.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.