Lumber Liquidators Face Suit for Poisonous Floors

You don’t normally expect your floors to be slowly poisoning you, but that’s exactly what could happen if you’ve bought Lumber Liquidators wood flooring, according to a class action lawsuit filed last week. The suit, filed in the U.S. District Court for the Eastern District of Virginia, alleges that the Chinese-made flooring contains dangerous levels of formaldehyde – and, to make things worse, the wood might be sourced from endangered habitats in Russia.

Toxin levels in the sample were reported to be more than three times the U.S. legal limit.

Plaintiffs in the lawsuit – reported by Law360 to be from Massachusetts, Texas and Florida – are seeking to represent a nationwide class of consumers who bought Lumber Liquidators wood flooring that was manufactured in China. Plaintiffs claim that, had they known about the products’ potential impact on endangered habitats and its toxic contents, they would not have paid the price they did – if they purchased the flooring at all.

The lawsuit cites several U.S. laws in its filing. The formaldehyde levels in the wood are said to be above those permitted by California’s Air Resources Board, whose limits are soon to become the national standard. The wood itself is alleged to have come from areas where endangered habitats (such as those of the Siberian tiger) are put at risk by logging, in violation of the Lacey Act and the Racketeer Influenced and Corrupt Organizations Act.

The lawsuit was filed after an investigative blog commissioned a report on samples of the wood used in Lumber Liquidators flooring. The toxin levels in the sample were reported to be more than three times the U.S. legal limit. The suit then claims that the company’s response to the report was to lower the price of the flooring and unload the stock in a sale.

Lumber Liquidators has also fallen foul of the Environmental Investigation Agency over its use of timber from Russian loggers whose work allegedly threatens the Siberian tiger. In a report released by the EIA, Liquidating the Forests, the company is accused of using illegally sourced wood from an area known to be home to more than 400 Siberian tigers.

In September, federal officers were granted sealed search warrants to enter the company’s corporate offices in Virginia as part of an investigation by the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) and the U.S. Fish and Wildlife Service (USFWS). In a public response to the raid, the company insisted that it takes its sourcing “seriously” and is cooperating with authorities.

The lawsuit is seeking punitive damages, an order forcing the company to replace the flooring for class members, and a ban on its allegedly deceptive sales practices.

Lumber Liquidators has declined to comment on the lawsuit, but if the allegations prove true it’s hard to see how they can justify their actions. Ignorance is no defense when it comes to sourcing materials for corporate use, and the double-whammy of toxins and tigers is sure to make some pretty eye-catching headlines as the case continues.