Legal News Line Apr. 10, 2015, 9:53am


CHICAGO (Legal Newsline) - A company that sells deck treatments was sued on April 1 over allegations its newest product failed to live up to claims of protecting decks for 10 years.

Michael Baden, Michael Allen, Cynthia Scaglione and Inese Blanchard filed the lawsuit against Rust-Oleum alleging its Restore product would chip and peel months after it was applied to decks.

Rust-Oleum introduced the Restore product in 2013, claiming it was a new-and-improved treatment and marketing it as long-lasting, the suit says. The company allegedly said Restore would extend the life of decks and replace the need to repaint, re-stain, resurface or eventually replace consumers' decks.

The lawsuit alleged that after months of using the product it began to bubble and peel away, leaving the decks looking worse than before applying the Restore.

The lawsuit alleged Rust-Oleum continues to violate state law by marketing and selling the product when it doesn't perform as advertised.

The lawsuit seeks class status for those who purchased the Restore product and is asking for $5 million plus court costs. 

The plaintiffs are represented by Edward A. Wallace and Amy E. Keller, of Wexler Wallace, LLP in Chicago; Eric H. Gibbs, A.J. De Bartolomeo and Steve Lopez, of Gibbs Law Group, LLP in Oakland, Calif.; and William M. Audet and Theodore H. Chase, of Audet & Partners, LLP in San Francisco.

United States District Court for the Northern District of Illinois-Eastern Division case number 1:15-cv-02892

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