Lexus Class Action Says HVAC Systems Emit Foul Odors

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Owners of Lexus ES series vehicles deserve a fix for a defect that causes the vehicles’ ventilation systems to emit a foul smell, says one California owner.

Plaintiff Norman Beil claims the heating, ventilation and air conditioning system in his 2014 Lexus ES350 emits a nauseatingly foul smell every time he starts the engine.

He believes this smell is indicative of a defect in the HVAC system that makes it vulnerable to infestation with mold, fungus, bacteria, and any other manner of organic contaminants that could threaten the health of the vehicle’s occupants.

Beil says his wife returned their Lexus to the dealership to get a fix for the smell coming out of its HVAC system. The car had only 6,600 miles on it at the time, he claims. The dealership replaced the air filter at a cost to Beil of $79.72, he says, but the new filter did nothing to suppress the smell.

A few days later, Beil says, the dealership’s service advisor merely referred Beil to the section of the owner’s manual that covers how to deal with HVAC odors. None of these attempts to fix the problem have worked, and the HVAC system continues to emit a foul smell to this day, Beil claims.

Beil says the problem lies in the Lexus HVAC system’s evaporator core. The evaporator reportedly allows condensation to condense on its surface, trapping organic contaminants like mold and allowing them to colonize the inside of the system, creating both a foul smell and a health hazard.

According to this Lexus class action lawsuit, defendant Toyota Motor Sales USA Inc. is fully aware of the HVAC problem, yet fails to give its customers any meaningful relief from it. Beil quotes several complaints filed with the National Highway Traffic Safety Administration from Lexus owners who describe a similar problem with their Lexus ES series vehicles.

These complaints also highlight the health hazards created by this Lexus HVAC defect, Beil claims. A few Lexus owners reported they and their families became sick because of the odor coming from the HVAC. Some of these owners reportedly became sick enough to require medical treatment.

Technical service bulletins released by Toyota as far back as 1997 allegedly show the company was aware of the possibility of an HVAC problem back then, Beil claims. Yet Toyota still fails to acknowledge the defect by disclosing it to potential purchasers, he says. The company also refuses to cover the cost of repairs under the vehicles’ warranties, forcing vehicle owners to pay for repair attempts that may not even work.

Beil seeks to represent a plaintiff Class that consists of all persons in the U.S. who purchased or leased a Lexus ES series vehicle from model years 2013 to 2017.

He seeks a court order requiring Toyota Motor Sales to cease any further deceptive marketing of the class vehicles and to replace his and Class Members’ HVAC systems with a suitable alternative product at the company’s own expense. He also seeks disgorgement of profits related to the conduct at issue, attorney fees and court costs, pre- and post-judgment interest, and any other relief the court deems appropriate.

Beil is represented by attorneys Jordan L. Lurie, Tarek H. Zodhy, Cody R. Padgett and Karen L. Wallace of Capstone Law APC.

The Lexus ES Class HVAC Odor Class Action Lawsuit is Beil v. Toyota Motor Sales USA Inc., Case No. 2:17-cv-07079, in the U.S. District Court for the Central District of California.