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Defective Product

Resurfaced Deck

PPG Industries has agreed to settle a class action alleging that its Rescue It! products are defective and do not adhere properly to decking or other substrates, causing the products to peel, crack, and bubble, and causing damage to the property they’re applied to. The products included are the following:

Cuties Baby Wipes

Nutek Disposables has agreed to settle a class action alleging that some of its baby and feminine wipes, sold in the US and later recalled, may have been contaminated with Burkholderia cepacia bacteria. The bacteria is claimed to cause skin infections or irritation, bacterial genitourinary tract infections, or other symptoms.

PowerBlock Urethane Weights

Plaintiff Peter Cohen bought PowerBlock’s Urethane Series Dumbbells, advertised as the “World’s Best Dumbbell,” at a MSRP price of $1,396. However, the complaint alleges that in just four years of fairly light use, some of the weights began to crack and break. Since the weights came with a lifetime warranty, the complaint says, Cohen took pictures and contacted PowerBlock. PowerBlock did send Cohen replacement weights, the complaint claims, but two years later, these too failed in the same manner as the other ones. Since Cohen often lifts the weights over his head, and since some of them are as heavy as 90 pounds per side, the complaint said, he began to worry about the safety of the product. But PowerBlock would not permit him to exchange the defective weights for cheaper but more reliable weights, the complaint claims. 

Flak Jacket Joists

The Esanbocks’ new home in Savage, Minnesota was built in 2017 using Weyerhaeuser Flak Jacket Joists, which were coated with formaldehyde resin. In late July, the complaint says, the home’s builder informed the family that the Weyerhaeuser joists had been found to be off-gassing formaldehyde. The family moved out the next day, and the complaint alleges that a test performed on the home showed excessive formaldehyde levels above OSHA safety levels. Weyerhaeuser has stopped making the joists, has admitted problems with the coating, and claims to be working with homeowners to address the problem, but, the complaint says, the company’s offers are insufficient.


What if a product advertised to decrease the time and money you had to spend on a task actually increased it? That’s essentially the charge leveled by the complaint for this class action at Behr’s DeckOver resurfacing and restoration product, which Behr claims is more durable (four or five times thicker), improves decks by filling in cracks and splinters, resists peeling and mildew, and provides “waterproofing” to “[b]ring new life to old wood and concrete surfaces” with “long lasting results”. In actuality, the complaint says, DeckOver does not live up to these claims and begins to fail within months or even weeks of application.

Surge Protectors

The Consumer Product Safety Commission website lists recalls of surge protectors made by many different companies, going back to the 1980s, which include reports of smoking, electrical shock, fires, property damage, and injuries. Surge protectors are designed to protect electrical or electronic equipment from voltage spikes or surges that can damage them. What’s dangerous is when surge protectors begin to overheat, smoke, or burn. It can cause injuries, such as shocks and burns, and can cause fires that lead to property damage and even loss of life.

Wolf Ovens

According to the complaint for this class action, plaintiff Barry Garfinkle bought a Wolf 30-inch E Series double over in May 2012, but within a little over a year, he noticed that the porcelain interior finish on one of the oven cavities had begun to crack and splinter off. Not long after that, the complaint says, he noticed that the other had developed the same problems. The complaint alleges that although Wolf had the ovens replaced—twice—after about a year, both cavities of this third set of ovens showed the same problem.

image of See-Doo PWC

According to the complaint for this class action, See-Doo PWC’s have a defect that causes the exhaust resonator to melt, causing the craft to take on water and sink. This case has been brought against three related companies collectively known as BRP, who act together to design, manufacture, market, distribute, warrant, sell, and service PWCs.

image of eotech sights

The plaintiffs in this lawsuit allege that EOTech Holographic weapons sights are defective and result in four different issues including:

  • “Reticle dimming” from moisture incursion,
  • Movement of the reticle as the temperature changes known as “thermal drift,”
  • Parallax, and
  • Distortion of the reticle in cold weather
image of gastite steel tubing

The plaintiffs in this lawsuit allege that Gastite and Wardflex corrugated stainless steel tubing (CSST) contain certain design defects that make it susceptible to lightning strikes which may cause the CSST to become energized and perforate causing a gas leak, fire, or explosion.