Lowe’s Class Action Lawsuit Claims Store Sells Toxic Flooring

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Lowe’s Home Centers LLC has been hit with a class action lawsuit accusing the home improvement store of selling laminate flooring made by Armstrong World Industries Inc. that contains dangerous levels of formaldehyde.

Plaintiffs William Woodworth and Diane Pilkerton filed the Lowe’s flooring class action lawsuit on Friday, accusing the defendants of selling composite laminate flooring that is made in China and which have formaldehyde levels that are much higher than the flooring manufactured in North America.

The formaldehyde levels in this Chinese-made flooring reportedly “far exceed the maximums allowed by the California Air Resources Board (‘CARB’),” the toxic flooring class action lawsuit alleges.

“Nonetheless, Armstrong has continued to specifically and falsely label its product as being compliant with CARB formaldehyde standards,” the laminate flooring class action states. “As a result, consumers have been buying Armstrong’s flooring product from Lowe’s that they never would have purchased had Defendants disclosed the truth.”

According to the toxic flooring class action lawsuit, formaldehyde is a common ingredient in the glue used in the composite laminate flooring base layer. When used in the lower levels, the formaldehyde will reportedly dissipate quickly during installation. However, if formaldehyde is used in higher levels, formaldehyde gas may emanate from the flooring over many years.

The plaintiffs assert that exposure to formaldehyde for short periods of time can cause respiratory irritation, headaches, nausea, and coughing. Long-term exposure to formaldehyde is even more dangerous and has been linked to an increased risk of nasopharyngeal and oropharyngeal cancer, cancer of the nose and sinuses, lung cancer and leukemia.

CARB adopted standards in 2007 that were designed to reduce the public’s exposure to formaldehyde. These standards are among the most stringent standards in the United States and have served as a model for national standards being considered by the U.S. Environmental Protection Agency.

According to the toxic flooring class action lawsuit, Woodworth and Pilkerton are married and share a home in Florida. In 2013, they began looking into laminate flooring options for their home. Before making a purchase, they researched different options by relying on advertisements for the flooring, visiting Armstrong’s website and visiting Lowe’s to look at the laminate flooring packaging. They selected laminate flooring over carpeting or other flooring options to reduce the risk of aggravating Woodworth’s breathing issues.

The couple allegedly purchased and installed 12mm Woodland Walnut laminate flooring manufactured by Armstrong. In 2016, they sent samples of the flooring to a lab, and the results indicated the laminate flooring emitted formaldehyde gas at levels that exceeded CARB limits.

The plaintiffs seek to represent a Class of U.S. consumers who purchased 12mm Woodland Walnut composite laminate flooring or a sister product utilizing the same core that was manufactured by or for Armstrong in China and sold by Lowe’s, and which the defendants represented as being CARB compliant.

The Lowe’s toxic flooring class action lawsuit asserts claims for violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, violation of the Florida Deceptive and Unfair Trade Practices Act, violation of the Magnuson-Moss Warranty Act, negligent misrepresentation and negligent supervision.

The plaintiffs are represented by Anthony Garcia of AG Law and Andrew E. Brashier, Archie I. Grubb III, Clay Barnett III and W. Daniel Miles III of Beasley Allen Crow Methvin Portis & Miles PC.

The Lowe’s Toxic Flooring Class Action Lawsuit is Woodworth, et al. v. Armstrong World Industries Inc., et al., Case No. 8:16-cv-01121, in the U.S. District Court for the Middle District of Florida.

UPDATE: On July 1, 2016, Lowe’s and Armstrong are seeking to dismiss a consumer class action lawsuit that accuses them of selling flooring that emits excessive amounts of formaldehyde.