Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- WaterWipes class action claims products falsely advertised as 100% biodegradable
- Germ-X class action claims product falsely advertises germ-killing abilities
- Whirlpool class action alleges KitchenAid website not accessible to visually impaired, blind visitors
- KitchenAid stand mixer recall rumors untrue
120 thoughts onRust-Oleum class action claims paint-and-primer-in-one products falsely advertised
Add me please
Pleae add me! I have used at least 10 cans of this so called paint plus primer mix
Add me! I have 2 cans at my house now to repaint patio furniture!
Please add me. I have been using this product for over 20 years. Wow!
I have been using this product for a long time and I believe I still have a few used cans in my basement.They never worked as a primer and paint . I always had to use an extra coat of paint or primer. Don’t know why I used it more than once knowing that it didn’t cover the 1st time but I guess I was hoping there was a newer improved formula- considering it costs so much. Yes please add me to this suit.For the money I thought I was getting a better product.
I have used rustoleum with primer for many projects over the years. Please contact me
Add me please
Please add me
Also purchased many can through the years .. I thought I was doing something wrong. Truns out the product was falsely advertised.. Plz add
Add me to your list, I have bought many cans of Rustoleum in the past few years and have many left over in my storage.
Please add me.