Lowe’s 2×4 Labeling Settlement Gets Final Approval

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Last month, a California judge gave final approval to a settlement that will affect the way Lowe’s Home Centers LLC advertises its 2x4s and other dimensional materials in California.

The Lowe’s 2×4 labeling lawsuit was filed on behalf of California consumers by District Attorneys from five counties across the state. They alleged Lowe’s “unlawfully advertised structural dimensional building products for sale.” Under the terms of the settlement, the retailer will have to correct any misleading descriptions from its 2x4s and other dimensional materials or remove the noncompliant materials from its shelves.

The lumber measurement lawsuit was filed in response to concerns from local Weights and Measures department representatives who found that the common product measurements did not match up to the actual dimensions of the building materials. For example, 2×4 pieces of lumber did not actually measure 2 inches by 4 inches; instead, they are typically 1.5 inches by 3.5 inches.

The court documents indicate Lowe’s has been ordered to pay nearly $1.5 million in civil penalties and legal costs as well as an additional $150,000 that will be used to fund other consumer protection efforts. Lowe’s will also be required to display actual dimensions next the commonly-used measurements in product descriptions.

“Consumers should expect when making product purchases that retailers are providing accurate information,” Marin County District Attorney Edward S. Berberian said in a statement. “Especially when misinformation could adversely affect building projects that more often than not rely on precise measurements.”

Under the terms of the settlement, Lowe’s will be subject to an injunction prohibiting it from selling 2x4s in less quantity than represented and from labeling the product that misrepresents the product’s actual dimensions. “Common descriptions” must be followed by actual dimensions, and the dimensions must use include abbreviations such as “in.,” “ft.” or “yd.” instead of symbols such as ‘ or “ when providing measurements.

The Lowe’s 2×4 labeling settlement will mean that California customers will not be able to identify the dimensional materials by actual and common dimensions. For example, customers seeking to purchase a piece of lumber often referred to as a 2×4 will see both the common name (2×4) and the actual dimensions (1.5 x 3.5 inches) of the product.

The Lowe’s settlement will affect the in-store signage of nearly 100 Lowe’s stores in California.

The Lowe’s 2×4 Labeling Lawsuit is People of the State of California v. Lowe’s Home Centers LLC, Case No. 1403272, in the Superior Court of California, County of Marin.