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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
HOA Board Members contracted with a vendor to stain 79 new wood decks. The contractor, Sherwin Williams Paint experts, and the label recommended two coats of semi-transparent stain and one coat of solid color on new deck wood. Based on research, the Board breached “the duty of care to make an informed decision based on research.” The BM didn’t make the best decision by applying one coat of stain to new deck wood. The action taken is not in the best interest of the community. The BM breached their fiduciary duty to responsibly obligate their monies when they spent over thirty thousand dollars ($30K) for the application of one coat of stain to 79 new decks when a minimum of two applications of stain was recommended. Because of the BMs action:
1. One coat does not protect decks.
2. A three (3) year warranty was voided because Sherwin William’s recommendation required that two coats of stain be applied to new wood.
3. The contractor, based on the BM decision, recommend re-staining the 79 decks within a year.
Please include me
I’m in GA. Can we be included in this? We had our brand new deck professionally “stained” with SuperDeck six months after it was built and it is completely ruined. The stain didn’t penetrate the wood. We’ve dealt with peeling and the deck is now rotting from moisture getting trapped under the failing stain.
We stained our 700 sq feet deck with Super Deck last end of summer 2019 .By the spring the stain was pealing off in long strips in large areas. The stain did not repeal water or dirt .Deck looks very dirty , dirt stick to the stain. Im very disappointed !!! Deck is ruined looks horrible .
Please include me to class actions.
I had a new cedar deck put on back side of my house and around swimming pool. Waited a year and half to stain as man at Sherwin Williams told me to do. My wife and I took several weeks to prep and stain entire deck floor and railing. Less than 6 months later it started peeling off in long strips in large areas. Spent a fortune on the “so called super stain”. So disappointed with this product. Now having to pwr wash and sand entire deck and railing to try and get it off.
This paint is awful!!! I’ve been struggling with peeling paint for 4 years. Is there someone I can talk to??
Please add me to the class action suit. I had super deck applied professionally for 3 years and it peeled each year. Last year I did it myself thinking the contractor messed up. I got the same results. This product has cost me a considerable amount of money time and effort. The product does not perform as advertised
I would like to be added to the lawsuit. I prepared the deck surface as instructed. Applied the stain in the fall. By spring the stain was pealing off. I spent over $100 on a floor sander to remove most of the stain. Next I will apply the Revive product for bare wood. The store gave me new stain so I will try to apply again. Can’t understand since I applied to a different deck a few years ago and that held up fine.
I have black mold and the stain did not sink in, just peels. I have a huge deck and was recommended painting with Sherwin Williams exterior deck stain by our contractor. Prepped it before and it failed soon after. Can someone contact us? Does anyone have info on how to get resolution?
We had a contractor use SuperDeck stain on our log home. The following year we had massive black mold, also other complaints but the biggest is the black mold. We contacted Sherwin-Williams and they told us they are not responsible and that we should contact the company they bought the product from. We had several contractor give us bids to repair our home. We have bids from $43,000 – $20,000 to get rid of this horrible product.
I had major peeling after 2 years. I sanded the entire deck and applied two coats. I’ve got one spot about 6″ in diameter that peeled after less than one month after application.
This is unacceptable.