ALBUQUERQUE, N.M. (Legal Newsline) – The New Mexico attorney general alleges Dollar General falsely advertises its brand of motor oil.
State of New Mexico and Attorney General Hector H. Balderas filed a complaint on June 6 in the First Judicial District Court, County of Santa Fe against Dolgencorp LLC, doing business as Dollar General Corp., alleging violation of the New Mexico Unfair Practices Act.
According to the complaint, the defendant sells company-branded motor oil that the plaintiffs allege is obsolete and potentially harmful to automobiles and the environment. The plaintiffs allege the defendant's SAE 10W-30 and 10W-40 motor oils are manufactured to the API Service Category SF specification, which is not suitable for use in vehicles built after 1988.
The suit states that the DG Auto obsolete motor oil is not suitable for use in modern automobiles, which causes extensive damage to modern engines and result in the increased emissions of toxic substances into the air.
The plaintiffs holds Dolgencorp LLC responsible because the defendant allegedly failed to warn their consumers that the use of their motor oil in modern vehicles would cause damages to its modern engine and made false and misleading statements in the course of its marketing of the oil.
The plaintiffs request a trial by jury and seek enjoin the defendant, maximum amount of statutory penalties, restitution and disgorgement, interest, all legal fees and any other relief as this court deems just. They are represented the New Mexico Attorney General's Office and by Allan Kanner, Cynthia St. Amant, Conlee Whiteley and Allison Brouk of Kanner & Whiteley LLC in New Orleans.
The defendant removed the case to the U.S. District Court for the District of New Mexico on July 26.
U.S. District Court for the District of New Mexico case number 1:17-cv-00772-LF-SCY