Rust-Oleum Class Action Says Spray Paint Falsely Claims Double Coverage

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Rust-Oleum Corporation misrepresents the coverage capacity of its Painter’s Touch Ultra Cover 2X Spray Paint, according to a class action lawsuit filed last week in Illinois federal court.

Painter’s Touch Ultra Cover 2X Spray Paint is advertised as providing “twice the coverage in a single pass,” so that “your project will be done in half the time at half the cost of competitive brands,” the Rust-Oleum class action lawsuit alleges.

This coverage is allegedly made possible by the product’s “double cover technology.” Because consumers are led to believe the Painter’s Touch product is superior to competing products in terms of quality and cost-efficiency, customers are willing to pay a higher price, the lawsuit states.

However, plaintiff Dylan Wasko of Sacramento, Calif., asserts that Rust-Oleum’s advertisements about the Painter’s Touch products are false, deceptive and misleading. He claims the spray paint performs below the quality and efficiency representations made by Rust-Oleum.

As a result, he and the putative Class Members paid more for the spray paint than they would have paid for comparable products and also had to expend extra time that they hadn’t planned to spend on their painting project because of Rust-Oleum’s efficiency claims, Wasko says.

“While it is undeniable that the Product has been a marketing sensation and an unmitigated financial success, Defendant’s success has been the result of unlawful and unfair business practices in the marketing and sale of the Product,” the Rust-Oleum class action lawsuit says. “These practices are plainly improper and unacceptable – particularly for a company that prides itself as the ‘home of trusted quality.’”

According to the Rust-Oleum class action lawsuit, Wasko purchased the Painter’s Touch product on several occasions. He says he made the decision to purchase the products based on the product’s name, as well as representations made on the product label, packaging, website and brochures.

The representations he reportedly viewed included the text “DOUBLE COVER” on a gold seal with a prominent “2X” next to the seal, a photo depiction of “one can = two cans” adjacent to the word “COVERAGE,” and the phrase “Made with double cover technology.”

Based on these representations, a reasonable consumer would believe that one can of the Painter’s Touch product would provide coverage equivalent to using two cans of a different painting product, Wasko says.

The Rust-Oleum class action lawsuit points to findings by the National Advertising Division of the Council of Better Business Bureaus, which, after testing the product, reportedly recommended Rust-Oleum discontinue its representations that the Painter’s Touch products offer twice the coverage as competing products.

Despite these findings, Rust-Oleum continues to label, market and advertise the Painter’s Touch Ultra Cover 2X Spray Paint as providing double coverage.

According to the Rust-Oleum class action lawsuit, Wasko would not have purchased the product, or would not have paid a premium price for it, if he had known that it did not actually provide double coverage.

Wasko accuses Rust-Oleum of breach of express warranty, unjust enrichment, and violations of California’s False Advertising Law, Legal Remedies Act, and Unfair Competition Law.

Earlier this month, Rust-Oleum was hit with a similar Painter’s Touch class action lawsuit filed by plaintiffs from Oregon and Wisconsin.

Wasko is represented by Richard R. Gordon of Gordon Law Offices Ltd.; Todd S. Garber and D. Greg Blankinship of Finkelstein Blankinship Frei-Pearson & Garber LLP; and Samuel J. Strauss of Turke & Strauss LLP.

The Rust-Oleum Painter’s Touch Ultra Cover 2X Spray Paint Class Action Lawsuit is Dylan Wasko v. Rust-Oleum Corporation, Case No. 1:17-cv-02255, in the U.S. District Court for the Northern District of Illinois, Eastern Division.