DeWalt class action claims vacuum packaging makes false horsepower claims

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DeWalt class action lawsuit overview:

• Who: Plaintiff Michael St. Onge filed a class action lawsuit against Black & Decker Inc., doing business as DeWalt.
• Why: DeWalt allegedly makes false claims about the horsepower of some of its wet/dry vacuums.
• Where: The DeWalt class action lawsuit was filed in Connecticut federal court.
• What are my options: Acme Tools is an alternative to DeWalt.

Black & Decker Inc., doing business as DeWalt, labels some of its wet/dry vacuum cleaners with misleading claims about horsepower, according to a class action lawsuit filed April 25 in Connecticut federal court.

Plaintiff Michael St. Onge points to several DeWalt vacuum products that purportedly produce “4 Peak Horsepower,” “5 Peak Horsepower,” “5.5 Peak Horsepower,” “6 Peak Horsepower,” and “6.5 Peak Horsepower.”

The DeWalt class action lawsuit says it is “physically impossible” for a DeWalt vacuum to achieve horsepower output anywhere close to these claims.

St. Onge notes a prestigious third-party laboratory collaborated with DeWalt before the vacuums went to market. The laboratory testing reportedly found the total electrical power input possible for the 5.5 peak horsepower vacuum is only 1200 watts.

“If the electrical power is perfectly converted by the vacuums’ motors, which it is not, the total possible output power of the ‘5.5 Peak Horsepower’ models is only about 1.609 horsepower (one horsepower equals about 745.7 watts),” the DeWalt class action lawsuit states. “This is 70.8% below the claimed ‘5.5 Peak Horsepower.’”

DeWalt allegedly overstated horsepower ratings to sell more products at higher price

St. Onge alleges DeWalt labels its vacuums with false and misleading horsepower ratings because it knows these representations are important to consumers and sets DeWalt vacuum products apart from competitors’ products.

“The higher the horsepower number, the more likely a consumer is to purchase the vacuum over another model, and the more money a consumer is willing to spend,” the DeWalt class action lawsuit says.

St. Onge says he purchased a “5.5 Peak Horsepower” DeWalt vacuum because he believed it was capable of producing the advertised horsepower during normal use. He says he paid a premium due to the false and misleading horsepower claims and maintains he would not have purchased the DeWalt vacuum had he known the horsepower claims were not true.

The DeWalt class action lawsuit asserts claims for breach of express warranty, breach of the implied warranty of merchantability, unjust enrichment, negligent misrepresentation, fraud, and violations of California’s Consumer Legal Remedies Act, California’s Unfair Competition Law, and California’s False Advertising Law.

DeWalt is not the only company to face legal action over vacuums this year. A Bissell class action lawsuit alleges certain vacuums have a defect that causes them to overheat and potentially catch fire.

Did you purchase a DeWalt vacuum based on the horsepower claims? Tell us what you think of this DeWalt class action in the comments.

St. Onge is represented by James J. Reardon Jr. of Reardon Scanlon LLP and by Frederick K. Klorczyk III and Neal J. Deckant of Bursor & Fisher PA.

The DeWalt vacuum class action lawsuit is Michael St. Onge, et al. v. Stanley Black & Decker Inc. d/b/a DeWalt, Case No. 3:23-cv-00516, in the U.S. District Court for the District of Connecticut.

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