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Sherwin-Williams deck stain prematurely peels and deteriorates, according to a class action lawsuit.
Lead plaintiffs, Eric Rusnock, Andrew Nye, and Rose Nye, allege in their class action lawsuit that they purchased and used various types of Sherwin-Williams deck stain under the Duckback and SuperDeck brand.
They say that they purchased Sherwin-Williams deck stain to protect their exterior surfaces, but the resulting product peeled far sooner than expected.
According to the Sherwin-Williams class action, Sherwin-Williams markets Duckback as “premium, high quality coatings that protect outdoor living spaces from the harsh conditions of ultraviolet rays.”
The plaintiffs say that they were willing to pay a premium for Duckback and SuperDeck stain products because of advertising claims of superior technology and durability.
“The Products do not perform as advertised, and Defendants’ claims concerning Products’ quality, longevity, and durability are false, deceptive, and misleading,” alleges the Sherwin-Williams class action lawsuit. “Customers, including Plaintiffs and the proposed Class, who have purchased or used the Products have found that the Products do not live up to Defendants’ claims concerning quality, longevity, and durability.”
The Sherwin-Williams class action claims there are numerous negative reviews written about Duckback and SuperDeck products online.
“Despite Defendants’ claims to the contrary, the Products routinely crack, chip, peel, mold, discolor, bubble, and otherwise fail within a short amount of time after applying according to the label’s instructions,” contends the Sherwin-Williams class action lawsuit. “The failures occur sooner than the multiple-year timeframe that Defendants claim the Products should last.”
The problem, claim the plaintiffs, is that the Duckback and SuperDeck products are “film forming” rather than penetrating. Decks and other outdoor surfaces are subject to year-round exposure to weather. Stains applied to outdoor surfaces need to be finished with penetrating substances, notes the complaint citing expert opinions.
“Applying a film-forming coating to a damaged deck or when refinishing a deck requires ‘extensive surface preparation,’” notes the Sherwin-Williams class action lawsuit. “Before refinishing a wood deck with a film-forming coating, one should ‘sand areas of exposed wood with 50- to 80-grit sandpaper to remove the weathered surface and to feather the abrupt paint edge.’”
Sherwin-Williams, however, failed to provide appropriate directions for consumers applying a film-forming coating. The plaintiffs say that they and other consumers were not instructed to sand their surfaces first, leading to premature peeling of the stain.
“Defendants knew or should have known of the Products’ defects and inability to meet Defendants’ claims prior to placing the products in the stream of commerce because it is common knowledge in the industry that coatings that are easily susceptible to cracking and peeling in a short period of time are not suitable for decking and could not have lived up to Defendants’ claims,” states the Sherwin-Williams class action lawsuit.
The plaintiffs seek to represent a nationwide Class of consumers who purchased SuperDeck products, along with a Pennsylvania subclass.
The Sherwin-Williams class action lawsuit is seeking restitution, along with economic and compensatory damages.
The plaintiffs are represented by Andrew Baker of The Baker Law Group, Charles E. Shaffer and Nicholas J. Elia of Levin Sedran & Berman LLP, and D. Aaron Rihn of Robert Pierce & Associates.
The Sherwin-Williams Deck Stain Class Action Lawsuit is Rusnock, et al. v. The Sherwin-Williams Company, et al., Case No. 1:19-cv-00908-DAP, in the U.S. District Court for the Northern District of Ohio.
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71 thoughts onSherwin-Williams Class Action Says Deck Stain Prone to Peeling
Same situation, purchased five gallons of Super Deck in July of 2018. Stained two decks in August , both peeling for no reason in April 2019. One is brand new construction, seasoned one year. First claim was preparation then went with applied too thick? Really..only been painting for 40 years… paid for college painting and staining. This super deck product company was bought out by Sherwin-Williams a few years ago and they are still tweeking the formula? At 50 to 75 dollars a gallon not a good investment. Not to mention the labor lost in applying this product.
I have a 700 square foot deck and railing painted with the solid Superdeck. I build the deck personally and waiting 1 year before painting. Same issue, peeling everywhere. Local store, after many nagging phone calls came out to take a sample. Then never called us back. After months of waiting we had to call them and they are claiming the paint samples testing OK. They mentioned that we must have had a rug trapping the moisture…… they are treating us very poorly saying they would do us a favor and provide us with 1 gallon….. If I recall it took over 12 gallons to paint this deck. Please, please add me to this class action.
Add me
Painted my pool deck in the spring or 2016. This spring when we went out to begin opening up the pool, a section of the deck where I stepped gave way and I nearly fell through. My husband repaired that section, it was soft and moldy. I began to notice several other small sections and the railings are the same. Googled to see if anyone else has had issues and found out I am not alone.in this.
Same thing happened to me. Deck was 16 months old when stained by contractor with Semi-transparent Super Deck. Began peeling in less than 6 months. Sherwin Williams claims no responsibility, tested sample and they say there is moisture in the wood (because it penetrated what basically looks like paint, not stain).
Same problem with my deck. I have about 5,000 sq ft of redwood decking, Superdeck was applied by licensed contractor, started to peel after a few years. Absolutely no help from the paint supplier, except to sell us more of the same product at a discount. I’ve been given numerous reasons why the product failed, none of which held the manufacturer responsible.
Need to file a claim under existing class action; deck stain coming off, cracking, peeling in areas not exposed to foot traffic. Obviously a defective product. Original receipts available. Stain was properly applied over power-washed and sanded virgin cedar deck boards. Stain does not seem to penetrate wood surface, comes off as if its a film.
Please provide information as to legal remedy arrangements and email documents to file a claim against Sherwin-Williams for labor/materials to clean and reapply deck waterproofing treatment asap.
Thank You
Add me. Paid to have my deck done, they used this specific brand and it’s peeling in areas that’s not even used! I basically threw 2k out the window! Awful!!!
I stained our new 20×30 deck last August using superdeck redwood stain. This spring the deck has begun to peel all over the place. How can I be added to this?
Thanks
Bryan
I painted three decks in 2017 with SW Super Deck Stain.
They all need to be done again!
What is not peeling off is stuck like paint. Not sure how to fix it.
Add me please.