Rust-Oleum ‘Paint & Primer In One’ Products Are Falsely Advertised, Class Action Says

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A proposed class action claims Rust-Oleum misleadingly advertises some of its “paint-and-primer-in-one” products given that the items do not effectively adhere to surfaces on their own without first applying primer separately.

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The 25-page complaint alleges that consumers are led to believe the products contain both paint and primer and, as such, can properly cover any surface in one shot, thereby saving the money and effort needed to buy and apply primer separately. Despite Rust-Oleum’s representations, independent testing of the products demonstrated that one coat did not adequately adhere to the tested surfaces, even when applied as instructed, and the products showed “significant bleed through” after around a week, the lawsuit relays.

Per the suit, reasonable consumers expect that they will get in just one item the full results of both a paint and primer—an essential base coat applied before painting to ensure proper adhesion and prevent later peeling. Because Rust-Oleum’s marketing claims are false, the case says, consumers have been forced to incur additional time and money “in order to achieve a properly painted surface.”

Rust-Oleum’s “paint-and-primer-in-one” products have garnered numerous complaints from consumers on retail websites, the filing says. Reviews on Home Depot’s site, for instance, claim the Rust-Oleum paint “crackled [sic] under [the] second coat,” “takes several coats to make an impression” and is “very watery when applied,” the lawsuit reports.

The plaintiff, a New York resident, bought Rust-Oleum Painter’s Touch 2x Ultra Cover Paint + Primer on Amazon.com in August 2022, the complaint says. As the suit tells it, the man learned that to get adequate surface coverage, he had to apply multiple coats of paint after allowing the previous layers to dry. The plaintiff wound up using “more than double the recommended amount of paint” in order to achieve sufficient results, the case claims.

The products at issue in the lawsuit include, but are not limited to, the following items:

• 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 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
• Rust-Oleum Universal Premium Matte Metallic Paint & Primer in One Spray Paint

The lawsuit looks to represent anyone in the United States who purchased any of the products listed on this page within the applicable statute of limitations period.

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