Certain 2013-Present Honda, Acura Vehicles Outfitted with Defective White Paint, Lawsuit Says
Clemmens et al. v. American Honda Motor Company, Inc.
Filed: November 12, 2024 ◆§ 2:24-cv-09728
A class action suit alleges certain 2013-present Honda and Acura vehicles possess defective exterior paint that will peel, delaminate, bubble, flake or otherwise fail.
California Business and Professions Code California Unfair Competition Law New Jersey Consumer Fraud Act California Consumers Legal Remedies Act
California
A proposed class action lawsuit alleges certain 2013-present Honda and Acura vehicle models possess defective exterior white paint that will inevitably peel, delaminate, bubble, flake or otherwise fail.
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The 81-page Honda paint lawsuit says the problem stems from a defect in the paint itself, in the paint as applied to a vehicle, and/or an issue in Honda’s manufacturing process, including the “complexities” of using the allegedly defective three-stage, or “tri-coat,” white paint that gives the vehicle models at issue their pearlescent or metallic finish. The issue may also stem from problems with the Honda and Acura vehicles’ e-coat, primer and clear coat paint layers, the filing says.
Per the lawsuit, the affected 2013-present model year Honda and Acura vehicles, and the type of paint with which they’re outfitted, include:
- Acura MDX in White Diamond Pearl paint (Paint Code NH-603P);
- Honda Odyssey in White Diamond Pearl paint or Taffeta White paint (Paint Code NH-578);
- Honda Pilot in Taffeta White paint;
- Honda Fit in White Orchid Pearl or Bellanova White paint (Paint Code NH-788P); and
- Honda HR-V in White Orchid Pearl or Bellanova White paint.
The case explains that for most cars, there are only two primary paint layers—a colored base coat at the bottom and a clear coat. Three-stage paint, however, involves an additional “mid coat” pearl or metallic paint layer between the base coat and clear coat, the suit says.
Overall, three-stage paint adds a sparkling finish to a car’s paintwork, “giving the surface a sense of depth or richness” that cannot be provided by two paint layers alone, the lawsuit details, noting that three-stage painted cars are “more appealing” and costly to consumers.
The problem, according to the class action suit, is that three-stage paints are “far more likely to peel or delaminate,” namely because of the increased likelihood of inconsistent application and the increased complexity and cost of application.
Additionally, it is “highly likely” that the e-coat and primer coatings on the affected vehicles degraded at the interface between the clear, mid-coat and/or basecoat, causing a loss of adhesion that can manifest as peeling or delaminating, and eventually rust and damage to a car’s exterior, the filing specifies.
Based on Honda’s marketing and advertising of the vehicles at issue, owners and lessees reasonably expected that the paint on their cars would be durable and remain intact for the life of the vehicles.
“Contrary to these reasonable and material expectations, and Honda’s advertisements, statements, and representations, however, the paint systems on the Class Vehicles have failed due to the Paint Defect–a clear loss of adhesion between the Vehicles’ clear coat, mid-coat, and base coat.”
Per the complaint, American Honda Motor Company has been made aware of the paint problems via internal testing, the existence of “substantially similar” issues with the paint on other Honda vehicles, “countless” consumer complaints, and at least one substantially similar class action lawsuit filed in Canada. The Honda affiliate involved in that lawsuit settled in 2022 for upward of $27 million, the suit says.
The filing charges that Honda has nevertheless repeatedly failed to disclose the paint defect and even actively concealed the problem from drivers while continuing to market the vehicles listed above, some of the best-selling in the United States, as “luxurious, stylish, high-quality, and high-value.”
“[B]ecause of the Paint Defect, they are not,” the lawsuit contests.
Honda’s warranties and extended warranties have provided no adequate remedy to proposed class members given those who had problems with the paint on their vehicles were given no notice about the defect; no relief has been provided for owners and lessees of vehicles that have not manifested the paint defect yet; the warranties were “arbitrarily and improperly honored”; and any repairs that were provided did not remediate the paint problems or restore affected vehicle models to the bargained-for value, the lawsuit relays.
The alleged Honda paint defect not only reduces the value of proposed class members’ vehicles but forces drivers to either live with the paint problems or spend significant money to have their vehicle repainted, the filing shares.
“Even then, repainting an impacted panel does not cure the Paint Defect because the remaining parts of the Class Vehicle still suffer from the latent Paint Defect,” the suit adds. “Moreover, repainting the Class Vehicles results in a cosmetic defect that permanently decreases the Class Vehicle’s value.”
The complaint notes that the alleged paint defect only impacts the vehicle models listed above that are painted white, and not Honda vehicles painted in other colors.
The Honda paint lawsuit looks to cover all individuals or entities in the United States who bought or leased any of the Honda or Acura vehicle models listed on this page.
Head to ClassAction.org’s settlements page for a complete list of data breach settlements.
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