Law Firms Announce Filing of Nationwide Class Action on Behalf of Purchasers of ChoiceDek® Decking Products
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Seattle, WAA consortium of law firms announce that they filed a nationwide class action lawsuit on behalf of all purchasers of Weyerhaeuser ChoiceDek® decking products. The Plaintiffs filed their suit in the United States District Court for the Western District of Washington in Seattle against Weyerhaeuser Company (NYSE:WY) (ChoiceDek® seller); Advanced Environmental Recycling Technologies, Inc. (Nasdaq:AERT) (ChoiceDek® manufacturer); and Lowe's Companies, Inc. (NYSE:LOW) (ChoiceDek® retailer) (collectively, the "Defendants").
ChoiceDek® is a composite material, primarily composed of wood fibers and recycled plastic, used in residential decking throughout the United States. The Defendants have sold hundreds of millions of dollars of this product since it was first introduced into the market. The Plaintiffs' legal complaint alleges that ChoiceDek® is defective because it develops extensive and recurring mold and mildew stains due to inherent manufacturing flaws and that Defendants fraudulently advertised the product as being "low maintenance" despite having knowledge of these problems.
The Plaintiffs contend that although the products are promoted as "virtually moisture proof," they are, in fact, highly susceptible to moisture in the outdoor environment. Additionally, the manufacturer of ChoiceDek® acknowledges that it utilizes "contaminated" recycled plastic that it fails to adequately clean, which introduces food waste into the decking boards.
The Plaintiffs are seeking an injunction that would require the Defendants to honor the warranty that comes with the product and replace defective decks or provide consumers with refunds. Alternatively, Plaintiffs are seeking compensatory and punitive damages.
The law firms that filed the lawsuit are Cohen, Milstein, Hausfeld & Toll, P.L.L.C. (Washington, DC); Keller Rohrback L.L.P. (Seattle, WA) and Gary, Naegele & Theado, LLC (Lorain, OH). These firms have successfully represented consumers in hundreds of class actions across the United States.
For more information please contact attorney James Pizzirusso at (202) 408-4600 or at jpizzirusso@cmht.com. You may also view a copy of the complaint via our website at: www.cmht.com/choicedek