Champion Toilets Class Action Says Flush Valve Seal is Defective

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Two Ohio landlords say the makers of Champion toilets have failed to properly address a defective and leaky flush valve seal.

Plaintiffs Rachel Papp and Reginald Friesen are suing defendant AS America Inc., the makers of the Champion toilet. The plaintiffs claim the flush valve seal within the Champion 4 toilet is defectively designed and manufactured in a way that ends up causing substantial leaks.

The flush valve seal is part of a toilet’s flushing mechanism that keeps water from leaking out of the tank until a person flushes the toilet. The problem with the flush valve seal on the defendant’s Champion 4 toilet is a blister that develops on the seal’s surface after a short period of time, according to the plaintiffs.

As the blister grows, it creates a leak path. More and more water leaks out of the tank, leading to excessive water bills. The alleged defect can also impair the Champion toilet’s normal function; plaintiffs claim the leak can become so large that the toilet occasionally flushes itself.

Photos included in this Champion toilet class action lawsuit show blue flush valve seals, all of which have visible blisters near their edges, matching the plaintiffs’ description of the alleged defect.

The plaintiffs accuse defendant AS America of failing to fix the design of its flush valve seal, even though the company is allegedly aware of the defect. They claim this defect should be covered by the 10-year express warranty that AS America offers on its Champion toilets.

Papp says she became aware of the alleged defect in August 2016, when she noticed that the water usage at her rental property had increased by 30 percent. Her contractor allegedly traced the problem to the flush valve seal in her Champion 4 toilet later that November. The contractor replaced the seal at Papp’s expense, and only after Papp had incurred substantially higher water bills due to the leak.

Friesen says he had a similar experience with the Champion toilets he purchased for his own home and for rental properties owned by Candu Properties. He says tenants at his residential properties complained that their toilets were running and occasionally flushing on their own.

Friesen claims he inspected these Champion toilets and found blisters on their flush valve seals. He contacted AS America about the problem. The company supposedly told him it was aware of the problem and sent him a replacement flush valve seal.

But the new seal suffered from the same defect, Friesen says. It eventually blistered up like the first seal and caused a leak. Friesen also reports that although AS America did send him the new seal, it did not cover the cost of the repair.

The plaintiffs seek to represent a Class covering all persons or entities in the U.S. who purchased a Champion 4 toilet made by AS America within the past 10 years.

They seek an award of damages, restitution and disgorgement of profits, and reimbursement of attorneys’ fees and costs of litigation, all with interest.

Representing the plaintiffs are attorneys Brendon P. Friesen, Anthony J. Coyne and Emily S. O’Connor of Mansour Gavin LPA as well as Stuart E. Scott and Dennis R. Lansdowne of Spangenberg Shibley & Liber LLP.

The Champion Toilet Defective Flush Valve Seal Class Action Lawsuit is Rachel Papp, et al. v. AS America Inc., Case No. 1:17-cv-00800, in the U.S. District Court for the Northern District of Ohio.