Lumber Liquidators Toxic Flooring Lawsuits Consolidated Into MDL

Several Lumber Liquidators class action lawsuits were consolidated into a multidistrict litigation (MDL), or mass tort, and transferred to a Virginia federal court by the U.S. Judicial Panel on Multidistrict Litigation (JPML), alleging that the flooring company sold wood floors containing toxic levels of formaldehyde.

The Lumber Liquidators MDL was sent to the U.S. District Court for the Eastern District of Virginia under U.S. District Judge Anthony J. Trenga.

The initial multidistrict litigaton consisted of 10 Lumber Liquidators class action lawsuits in June 2015. As of March 2016, a total of 126 lawsuits had been added to the MDL.

An additional 11 tag-along actions from several federal courts in Louisiana were also listed in a recent transfer order.

In the spring of last year, a number of plaintiffs filed a motion to consolidate the class action lawsuits against Lumber Liquidators that alleged the company engaged in false advertising of its laminate flooring that contained potentially cancerous chemicals.

Initially, the plaintiffs sought consolidation in the U.S. District Court for the District of California.

In May 2015, the Judicial Panel on Multidistrict Litigation heard oral arguments from both the plaintiffs and defendants regarding a potential consolidation and transfer.

The plaintiffs argued that consolidating the class action lawsuits into an MDL would allow for a reduction in duplicative discovery in the common issues stated by the cases, would help avoid conflicting rulings by different judges in different courts, and would serve for the convenience of all parties involved in the litigation.

According to the class action lawsuits, the laminate flooring contains high levels of formaldehyde, a chemical that is a known carcinogen. Many of the laminate products are manufactured in China, and do not meet the formaldehyde emissions standards set forth in the United States, according to the claims.

The surge in lawsuits filed against Lumber Liquidators was attributed to a segment aired on 60 Minutes that explained some of the potential health dangers of the laminate flooring supplied by Lumber Liquidators.

Upon testing more than 150 boxes of Lumber Liquidators laminate flooring in California, 60 Minutes reported that the “cheap laminate flooring” manufactured in China contained toxic levels of formaldehyde, with results showing more than 20 times the acceptable limit. The program stated that this could be putting many homeowners and their families at risk of health problems due to their flooring.

Exposure to formaldehyde causes a number of potential symptoms, according to the various Lumber Liquidators class action lawsuits. Symptoms of formaldehyde exposure include respiratory issues, irritation of the eyes, nose or throat, headaches, chest pain, rashes, nausea and vomiting. Long-term exposure is also potentially linked to the development of various types of cancer and leukemia, the lawsuits state.

In March of this year, about a dozen more lawsuits were filed against Lumber Liquidators in Louisiana.

These lawsuits similarly alleged that the flooring contained excess levels of formaldehyde that could compromise human health and safety. According to the lawsuits, the marketing materials from Lumber Liquidators all contained information that the Chinese flooring products complied with California and the stricter European Union standards, while testing showed otherwise.

The recent lawsuits allege breach of express and implied warranties, violations of state Consumer Protection and Deceptive Practices acts, as well as redhibition, a Louisiana-specific civil action that is similar to a “lemon law” for allegedly defective products in other states. These actions were added as the tag-along actions in the recent transfer order.

In May 2015, Lumber Liquidators halted the sales of any hardwood flooring that was manufactured in China in response to the allegations.

The Lumber Liquidators MDL is In re: Lumber Liquidators Chinese-Manufactured Flooring Products Marketing, Sales Practices and Products Liability Litigation, MDL. No. 2627, in the U.S. District Court for the Eastern District of Virginia.

UPDATE: On Oct. 24, 2017, Lumber Liquidators agreed to a $36 million settlement resolving claims over both the safety and quality of its Chinese-made laminate wood flooring.

UPDATE 2: On June 15, 2018, a federal judge granted initial approval of a $36 million settlement deal resolving multidistrict litigation over alleged formaldehyde in Lumber Liquidators laminate wood flooring.

UPDATE 3: July 2018, the Lumber Liquidators flooring class action settlement is now open. Click here to file a claim.