Craftsman Class Action Says Shop Vacs Can’t Reach HP Claims

A class action lawsuit has been filed against Black & Decker alleging that their Craftsman-brand wet/dry vacuums contain false and misleading horsepower claims.

Plaintiff William Montgomery says that Black & Decker claims that their Craftsman vacuums produce “1.75 Peak HP,” “2.0 Peak HP,” “2.5 Peak HP,” “3.0 Peak HP,” “3.5 Peak HP,” “4.0 Peak HP,” “4.25 Peak HP,” “5.0 Peak HP,” “5.5 Peak HP,” “6.0 Peak HP,” or “6.5 Peak HP,” but these powers are never able to be obtained.

The plaintiff states that he purchased the Craftsman 16 Gallon Wet/Dry Vac because he saw from the labeling and packaging that the vacuum supposedly had a horsepower rating of “5 Peak HP.” He claims that would not have purchased this particular vacuum if he knew the representations were not true.

“However, Plaintiff Montgomery did not receive the benefit of his bargain, because his Craftsman vacuum, in fact, does not produce anywhere near 5 horsepower,” the Black & Decker class action lawsuit continues.

Horsepower is the usual measurement of the work power of a machine and consumers reportedly rely on this representation when making purchasing decisions.

“It is physically impossible for any of the Vacuums to achieve a horsepower output anywhere close to Defendant’s HP Claims,” the Black & Decker class action lawsuit alleges.

The plaintiff claims that Black & Decker labeled the shop vacuums with misleading horsepower ratings because these descriptions are very important to consumers and help to distinguish their vacuums from their competitors’ machines.

“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 Craftsman class action alleges.

The plaintiff states that governmental agencies such as OSHA require product distributors and manufacturers to test their products with a National Registered Testing Laboratory (NRTL) and the most common NRTL used is Underwriters Laboratories (UL).  

However, the UL standard for vacuum cleaners, blower cleaners, and household floor finishing machines has specific safety tests that put a limit on the wattage and amperage.

The plaintiff states that the defendant permanently marked their vacuums with “UL-verified wattages and amperages,” and published this information in its brochures. By doing so, the defendant knew that their horsepower claims were misleading and false. Yet, the plaintiff says the company still advertised, packaged, and labeled the machines with the overstated horsepower claims.

“Simply put, Defendant’s horsepower claims are a farce. It is physically impossible for any consumer to experience and use the claimed horsepower of the Vacuums during use, under any conditions. The true horsepower rating is only a small fraction of what is depicted on Defendant’s labeling and packaging,” the Black & Decker class action lawsuit states.

The plaintiff seeks relief for breach of express warranty, breach of implied warranty of merchantability, unjust enrichment, negligent representation, fraud, violation of the Connecticut Unfair Trade Practices Act and violation of the Virginia Consumer Protection Act.

Class Members are defined as “all persons in the United States who purchased a Craftsman brand vacuum with a 1.75 or greater HP claim.”

The plaintiff is represented by James J. Reardon, Jr. of Reardon Scanlon LLP and Frederick J. Klorczyk III and Neal J. Deckant of Bursor & Fisher PA.

The Black & Decker Craftsman Vacuum Class Action Lawsuit is Montgomery v. Stanley Back & Decker Inc. d/b/a Craftsman, Case No. 3:19-cv-01182, in the U.S. District Court for the District of Connecticut.

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