BROOKLYN, N.Y. (Legal Newsline) - Class action lawyers want to punish Rust-Oleum because tung oil isn't the No. 1 ingredient in tung oil products.
Rust-Oleum Corporation, a Delaware-based company, is facing a class action lawsuit filed by plaintiff Andrew Komkaran. The lawsuit, filed Jan. 26 in U.S. District Court for the Eastern District of New York, alleges that Rust-Oleum misled consumers about the content of its Watco Tung Oil products.
The complaint claims that the company's marketing and labeling suggest that the products consist primarily of Tung Oil, which is not the case. The plaintiffs argue that this misrepresentation led them to purchase the products under false pretenses. They are seeking to recover the money they paid for these products as well as statutory damages.
"By labeling the Products with the Tung Oil Representation, Defendant creates consumer deception and confusion," the suit says.
"A reasonable consumer purchases the Products believing that they are primarily Tung Oil. However, a reasonable consumer would not deem the Products to be primarily Tung Oil if they knew the Products only contained small amounts of Tung Oil."
Ben Travis Law and lawyers at Reese LLP represent the plaintiff.