Rust-Oleum Corporation sells a number of products under the Rust-Oleum and Zinsser brands it markets as “Paint & Primer” or “Paint + Primer” that it claims will perform the roles of both paint and primer when applied in a single coat. But the complaint alleges that the product does not do as promised and adhere and cover in a single coat, as it would if it were a coat of primer and a coat of paint.
The class for this action is all consumers who bought the products at issue anywhere in the US during the applicable statute of limitations period. A New York Subclass has also been defined for those in the above class who bought the products at issue in New York. The products at issue include the following:
- Rust-Oleum Painter’s Touch 2x Ultra Cover, Paint + Primer
- Rust-Oleum Studio Color, Interior Advanced Paint & Primer
- Rust-Oleum Universal Aged Metallic Paint & Primer in One Spray Paint
- Rust-Oleum Universal Flat Metallic Paint & Primer in One Spray Paint
- Rust-Oleum Universal Flat Paint & Primer in One Spray Paint
- Rust-Oleum Universal Forged Hammered Paint & Primer in One Spray Paint
- Rust-Oleum Universal Gloss Spray Paint & Primer in One Spray Paint
- Rust-Oleum Universal Hammered Paint & Primer in One Spray Paint
- Rust-Oleum Universal Pearl Metallic Paint & Primer in One Spray Paint
- Rust-Oleum Universal Premium Matte Metallic Paint & Primer in One Spray Paint
- Rust-Oleum Universal Matte Paint & Primer in One Spray Paint
- Rust-Oleum Universal Metallic Paint & Primer in One Spray Paint
- Rust-Oleum Universal Mist Metallic Paint & Primer in One Spray Paint
- Rust-Oleum Universal Satin Paint & Primer in One Spray Paint
- Zinsser Covers Up Ceiling Paint & Primer In One
- Zinsser Paint & Primer In One Ceiling Spray Paint
- Zinsser Paint & Primer In One Ceiling Paint
The company misrepresents the products, the complaint says, as being able to “cover and adhere to the surface in one coat without the necessity of separately purchasing primer and applying primer to the surface before applying the paint.” This implies, the complaint claims, that the product will save consumers money, time, and effort, and it sells at a premium price because of that.
The complaint alleges, “Independent testing of the Products was conducted on at least two different surfaces. The testing revealed that one coat of the Product, applied according to [Rust-Oleum’s] recommendations, did not properly adhere to either surface. The Products showed significant bleed through after approximately one week of aging.”
Rust-Oleum should have known that the product does not work as advertised, the complaint alleges, because of “multiple complaints” on various websites. For example, it quotes one as saying, “Wasted a lot of time when it cracked under second coat” and another as saying, “This paint does not do well. It takes several coats to make an impression and it is very watery when applied.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Rust-Oleum “Paint & Primer” Product Not as Advertised Complaint
February 6, 2023
Rust-Oleum Corporation sells a number of products under the Rust-Oleum and Zinsser brands it markets as “Paint & Primer” or “Paint + Primer” that it claims will perform the roles of both paint and primer when applied in a single coat. But the complaint alleges that the product does not do as promised and adhere and cover in a single coat, as it would if it were a coat of primer and a coat of paint.
Rust-Oleum “Paint & Primer” Product Not as Advertised ComplaintCase Event History
Rust-Oleum “Paint & Primer” Product Not as Advertised Complaint
February 6, 2023
Rust-Oleum Corporation sells a number of products under the Rust-Oleum and Zinsser brands it markets as “Paint & Primer” or “Paint + Primer” that it claims will perform the roles of both paint and primer when applied in a single coat. But the complaint alleges that the product does not do as promised and adhere and cover in a single coat, as it would if it were a coat of primer and a coat of paint.
Rust-Oleum “Paint & Primer” Product Not as Advertised Complaint