Saint-Gobain Abrasives, Inc. makes, among other things, different types of bonded abrasive wheels under the brand name Norton. But the complaint for this class action alleges that the wheels have a problem: they do not clearly identify their shelf life or expiration date. This is important, the complaint alleges, because after that date, “the product [cannot] be safely used due to the risk that the product may give way, crack, split, explode, and fail” during use.
A class and a subclass have been defined for this action:
- The Nationwide Class is based on claims of unjust enrichment, negligence, and/or breach of implied warranty and is all customers who bought any of the defective products in the US, within the applicable statute of limitations.
- The Missouri Subclass is based on claims brought under the Missouri Merchandising Practices Act and for unjust enrichment, strict liability—design defect, strict liability—failure to warn, negligence, and/or breach of implied warranty and is all persons who bought any of the defective products in Missouri for personal, family, or household purposes, within the applicable statute of limitations period.
Saint-Gobain makes some twenty different types of bonded abrasive wheels, made for cutting metal and concrete, and used while attached to tools that spin at speeds between 4,400 and 15,000 RPM. The complaint therefore calls the products “unreasonably dangerous.”
The complaint alleges that industry standards require that such wheels must bear a clear expiration date.
For example, the complaint quotes a Health and Safety Executive Committee handbook as saying, “All organic bonded wheels for hand-held applications will bear a use-by date of three years from the date of manufacture.” The complaint further claims that the Federation of European Producers of Abrasives also sets an expiration date of three years for these items.
In fact, according to the complaint, Saint-Gobain itself sets an even shorter expiration date for them. It quotes the company as saying, “It has always been Saint-Gobain’s recommendation that Resinoid Bonded grinding wheels be used up within 2 years from the date of manufacture.” Still, it does not make this plain to consumers by using a label with an expiration date.
Even worse, the complaint alleges, “On information and belief, [Saint-Gobain is] currently selling abrasive wheels that have already expired.” or nearly expired.
Do the products show no expiration date at all? The complaint speaks of “the combination of ambiguous numbers on the face of the” products. It asks for an injunction preventing Saint-Gobain “from selling abrasive wheel products without an easily read and understood expiration date located on the face of the product.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Norton Bonded Abrasive Wheels No Clear Expiration Date Complaint
June 16, 2022
Saint-Gobain Abrasives, Inc. makes, among other things, different types of bonded abrasive wheels under the brand name Norton. But the complaint for this class action alleges that the wheels have a problem: they do not clearly identify their shelf life or expiration date. This is important, the complaint alleges, because after that date, “the product [cannot] be safely used due to the risk that the product may give way, crack, split, explode, and fail” during use.
Norton Bonded Abrasive Wheels No Clear Expiration Date ComplaintCase Event History
Norton Bonded Abrasive Wheels No Clear Expiration Date Complaint
June 16, 2022
Saint-Gobain Abrasives, Inc. makes, among other things, different types of bonded abrasive wheels under the brand name Norton. But the complaint for this class action alleges that the wheels have a problem: they do not clearly identify their shelf life or expiration date. This is important, the complaint alleges, because after that date, “the product [cannot] be safely used due to the risk that the product may give way, crack, split, explode, and fail” during use.
Norton Bonded Abrasive Wheels No Clear Expiration Date Complaint