DAP “Crystal Clear” Sealant Turns Yellow Class Action

DAP Products, Inc. makes a sealant called DAP 3.0 “Crystal Clear” Kitchen, Bathroom and Plumbing Sealant. But is it in fact “crystal clear”? Not according to this class action. The complaint alleges that the sealant looks clear while it’s being applied but “turns yellow within several weeks to months of its application.” The counts include violations of state consumer protection laws and breach of express warranty, among other things.

The class for this action is all persons and entities in the US who, between August 31, 2014 and the present, bought DAP 3.0 Crystal Clear Kitchen, Bath and Plumbing Sealant for their own use and not for resale.

The purpose of the product is to lay down watertight seals around the edges of tiles, sinks, and other bathroom or kitchen fixtures. For example, it may be used between the rim of a sink and the surrounding countertop, so that splash from the sink doesn’t seep down into the cabinet below the counter.

Sealant is often visible, so consumers choose their sealants by color. The complaint reports that Home Depot’s website shows sealant in Almond, Clear, Crystal Clear, and White.

According to the complaint, DAP advertises its “crystal clear” sealant by saying, “The Crystal Clear clarity allows the beauty of the surface to shine through the sealant.” It also claims that the product can “do the job right the first time” and is “formulated to stand the test of time.”

The complaint claims that the “clear” quality is emphasized, with DAP saying it’s “clearer than silicone” and labeling it “crystal clear” twice at the top of the container.

It seems that the product is clear when it is applied, but the complaint alleges the clarity does not last. The complaint says, “Consumer reviews of the product have consistently and frequently discussed the discoloration issue for nearly a decade.”

It quotes reviews that claim the product eventually turns “amber,” “yellow,” “urine yellow,” or “the most awful yellow color you’ve ever seen.” One is titled, “Be ready to replace this sealant within two years.” The complaint even quotes the replies of DAP representatives to such postings, which show the company has been aware of the problem.

However, according to the complaint, DAP has not improved the product but rather has tried to “dilute” the reviews: “Beginning in or around March 2018, DAP ran a promotion where DAP would send individuals samples of DAP Clear Sealant in exchange for a review shortly after receiving the product. … These uncharacteristically positive reviews are densely clustered in March and April 2018. In these two months alone, DAP collected 35 positive reviews—six times the previous number … from the past eight years…”

The idea, the complaint says, was that the reviews would be written soon after use, before the discoloration started to occur.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

DAP “Crystal Clear” Sealant Turns Yellow Complaint

August 31, 2020

DAP Products, Inc. makes a sealant called DAP 3.0 “Crystal Clear” Kitchen, Bathroom and Plumbing Sealant. But is it in fact “crystal clear”? Not according to this class action. The complaint alleges that the sealant looks clear while it’s being applied but “turns yellow within several weeks to months of its application.” The counts include violations of state consumer protection laws and breach of express warranty, among other things.

DAP “Crystal Clear” Sealant Turns Yellow Complaint

Case Event History

DAP “Crystal Clear” Sealant Turns Yellow Complaint

August 31, 2020

DAP Products, Inc. makes a sealant called DAP 3.0 “Crystal Clear” Kitchen, Bathroom and Plumbing Sealant. But is it in fact “crystal clear”? Not according to this class action. The complaint alleges that the sealant looks clear while it’s being applied but “turns yellow within several weeks to months of its application.” The counts include violations of state consumer protection laws and breach of express warranty, among other things.

DAP “Crystal Clear” Sealant Turns Yellow Complaint
Tags: "Clear Product Does Not Remain Clear, Deceptive Advertising, Deceptive Labels