Class Action Claims Rust-Oleum Misled Shoppers About Watco Tung Oil Contents
Komkaran v. Rust-Oleum Corporation
Filed: January 26, 2024 ◆§ 1:24-cv-00612
A class action claims Rust-Oleum Corporation has misled consumers into believing its Watco Tung Oil consists primarily, if not entirely, of tung oil.
A proposed class action claims Rust-Oleum Corporation has misled consumers into believing its Watco Tung Oil consists primarily, if not entirely, of tung oil.
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The 15-page lawsuit alleges that although the prominent “Tung Oil” statement featured on the front label gives the impression that the product consists mainly of tung oil, the item, in fact, contains only a small percentage of the substance. In truth, tung oil—which is used as a water-resistant finish on numerous types of surfaces—constitutes less than 20 percent of the total weight of the Watco product, the suit contends.
“By contrast, Stoddard solvent makes up approximately 30% of the Product, while some unknown ingredient—presumably water—makes up approximately 44% of the Product,” the case shares.
The item’s representation is misleading because consumers expect it to largely contain pure tung oil, the complaint argues, adding that shoppers have no way of knowing they are “being deceived” when purchasing the product.
The filing claims that the company knows consumers are willing to pay premium prices for pure tung oil products and seeks to exploit their desire for items free of additives and distillates.
“As a result of these unfair and deceptive practices, [Rust-Oleum] has likely collected millions of dollars from the sale of its products that it would not have otherwise earned,” the case charges.
The lawsuit looks to represent anyone who purchased Watco Tung Oil in New York at any time since January 26, 2021.
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