Rust-Oleum class action claims paint-and-primer-in-one products falsely advertised

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Rust-Oleum paint-and-primer class action overview: 

• Who: A paint-and-primer consumer sued Rust-Oleum. 
• Why: The plaintiff says the company sells paint-and-primer products that don’t work without also buying a primer. 
• Where: The Rust-Oleum paint-and-primer class action was filed in a New York federal court. 

A paint buyer sued Rust-Oleum, alleging the company sells paint-and-primer products that don’t work without also buying a primer. 

Plaintiff M.N. filed the class action lawsuit against Rust-Oleum Corporation on Feb. 6 in a New York federal court, alleging violations of state and federal consumer laws. 

The plaintiff alleges that the paint company falsely markets some of its paint-and-primer-in-one products, including 

• Rust-Oleum Painter’s Touch 2x Ultra Cover Paint + Primer
• Rust-Oleum Universal Flat Paint & Primer in One Spray Paint
• Zinsser Covers Up Ceiling Paint & Primer In One 
• and many more.

According to the lawsuit, the company makes and sells the products with the claim that they are “Paint & Primer.”

Reasonable consumers believe that products that claim to offer “Paint & Primer” contain both paint and primer in that product and that the consumer will get the benefits of both a paint and a primer from just the one product, the Rust-Oleum class action states. 

“However, Defendant’s advertising and marketing campaign is false, deceptive and misleading since the Products do not work as represented as they do not adequately cover and adhere to the surface without first separately applying primer,” according to the lawsuit. 

Consumers wasted money on the Rust-Oleum paint-and-primer products, lawsuit alleges

Consumers were led to believe the paint-and-primer products could cover and adhere to the surface in one coat without needing to separately purchase primer and apply primer to the surface before the paint, the Rust-Oleum class action states.  

“In other words, the Products were marketed as saving the purchaser the additional cost, time, and effort of going through the process of priming the surface before painting it,” the lawsuit claims. “Because this marketing claim was false, Plaintiffs and Class members were forced to incur additional money, time, and effort in order to achieve a properly painted surface.” 

M.N. claims Rust-Oleum is well-aware of the issues with the products, pointing to multiple online complaints. He seeks to represent all consumers who purchased the products anywhere in the United States, plus a New York subclass. 

The plaintiff sued for violations of state consumer laws, New York General Business Law and breach of warranty and seeks certification of the class action, damages of $500 per transaction, fees, costs and a jury trial. 

In other Rust-Oleum news, in 2021, Rust-Oleum recalled an aerosol galvanizing compound spray over concerns the cans pose an injury hazard.

Have you bought Rust-Oleum paint-and-primer products? Let us know your experience in the comments! 

The plaintiff is represented by Jason P. Sultzer, Daniel Markowitz, Nick Suciu III, Gary Klinger and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC. 

The Rust-Oleum class action lawsuit is Michael Nemirovsky, et al., v. Rust-Oleum Corporation, Case No. 1:23-cv-00977, in the U.S. District Court for the Southern District of New York.

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