Lumber Liquidators Avoids Mandatory Recall of Toxic Flooring

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Last week, the U.S. Consumer Product Safety Commission (CPSC) said that there will not be a mandatory recall of Lumber Liquidators allegedly toxic laminate flooring. However, Lumber Liquidators will no longer sell the potentially dangerous products.

In a statement, the CPSC indicated that it had not found there to be unsafe levels of formaldehyde from laminate flooring products that were allegedly made with illegally harvested wood from China.

Therefore, the agency declined to issue a mandatory recall. The CPSC did, however, announce that any future sale, transfer or disposal of the affected flooring products would require the agency’s approval.

Lumber Liquidators reportedly implemented a free testing program for consumers who had installed the allegedly toxic flooring. According to a statement by Lumber Liquidators CEO John Presley, the company performed 17,000 home air tests and 1,300 flooring tests and all of the flooring tested fell within the federal formaldehyde regulations.

The CPSC urges consumers to contact Lumber Liquidators for a free formaldehyde testing kit instead of attempting to remove the flooring. The agency warns that removing the allegedly toxic flooring could expose residents to elevated levels of formaldehyde.

Formaldehyde has reportedly been classified as a known carcinogen by the U.S. National Toxicology Program and the International Agency for Research on Cancer. In 2010, the Formaldehyde Standards Act was signed into law, establishing a nationwide standard for formaldehyde emissions. These standards are based on those established by the California Air Resources Board.

Exposure to formaldehyde can reportedly cause a number of adverse health effects, including respiratory issues; irritation of the eyes, nose or throat; chest pain; nausea and vomiting. Long-term exposure may be linked to the development of cancer, according to Lumber Liquidators lawsuits.

Formaldehyde is often used in the adhesives and resins used to make laminate flooring. The chemical can be released into the air from wood flooring materials. Although it is possible to manufacture pressed wood products with low levels of formaldehyde, these products are associated with higher production costs and take longer to make.

In March 2015, the television news program “60 Minutes” aired a segment about the allegedly toxic Lumber Liquidators flooring. Reporters had purchased dozens of boxes of Lumber Liquidators flooring that was allegedly sourced from China and conducted independent testing on the flooring samples. According to the news report, all but one of the Lumber Liquidators flooring samples surpassed California’s limit for safe formaldehyde levels. Some samples reportedly emitted more than 13 times California’s limit.

Following the “60 Minutes” report, Lumber Liquidators was hit with a number of toxic flooring lawsuits and class action lawsuits. The company has reportedly agreed to pay $26 million and issue stock worth $16 million to settle a securities lawsuit.

Earlier this month, several Lumber Liquidators class action lawsuits were consolidated into multidistrict litigation in the U.S. District Court for the Eastern District of Virginia. More than 120 Lumber Liquidators lawsuits are reportedly included in this MDL.

The Lumber Liquidators Class Action Lawsuit 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: July 2018, the Lumber Liquidators flooring class action settlement is now open. Click here to file a claim.