WHITE PLAINS, N.Y. (Legal Newsline) — Rust-Oleum is facing a claim its paint and primer products do not contain both paint and primer.
Michael Nemirovsky, on behalf of himself and all others similarly situated, filed a complaint Feb. 6 in the U.S. District Court for the Southern District of New York against Rust-Oleum Corporation alleging violation of New York General Business Law and other claims.
According to the plaintiff's class action, he purchased the defendant's Rust-Oleum Painter's Touch 2x Ultra Paint + Primer in August of 2022. He claims the defendant's advertising and marketing of the product deceptively lead consumers to believe they will get the benefits of paint and primer in one product.
However the products allegedly do not adequately cover and adhere to a surface without separately applying primer. The plaintiff alleges the product is falsely misrepresented as paint and primer with one coat and saving additional time, cost and effort. He further alleges that due to the defendant's false claims, consumers paid a premium price for the products.
He also claims "independent testing" showed that one coat of the product used according to the directions, significantly bleed through after one week of aging.
Nemirovsky and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Jason Sultzer and Daniel Markowitz of The Sultzer Law Group PC in Poughkeepsie, New York; Nick Suciu, III of Milberg Coleman Bryson Phillips Grossman PLLC in Bloomfield, Illinois; Gary Klinger of Milberg Coleman Bryson Phillips Grossman PLLC in Chicago; and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC in New York.
U.S. District Court for the Southern District of New York case number 1:23-CV-00977-VSB