Homeowners File Class Action Lawsuit Over Toxic SPF Insulation

Homeowners File Class Action Lawsuit Over Toxic SPF Insulation

By Matt O’Donnell

A nationwide class action lawsuit has been launched by two homeowners against NCFI Polyurethanes and McGlaughlin Spray Foam Insulation Inc. alleging they manufactured and installed toxic insulation that can harm property and cause adverse health problems.

The homeowners allege in the SPF insulation class action lawsuit that the companies sold toxic and defective spray polyurethane foam (SPF) insulation that emits toxic chemicals into the air. The foam was marketed as nontoxic and safe, but continues to emit toxic chemicals after installation through a process known as “off-gassing,” the class action lawsuit alleges.

The only way to remedy the problem is to completely remove the foam, the plaintiffs say.

“When applied, the resulting polyurethane foam is supposed to become inert and nontoxic,” the class action lawsuit says. “But SPF remains toxic after installation because either, as designed, it is impossible to become inert and nontoxic even under optimal conditions; or proper installation (and thus nontoxicity) is nearly impossible given the exacting set of installation requirements and inadequate training and installer certification methods.”

The alleged toxic SPF insulation was manufactured by NCFI Polyurethanes and installed by McGlaughlin Spray Foam Insulation.

SPF chemicals can cause a variety of health problems, according to the U.S. Environmental Protection Agency, including headaches, respiratory problems, neurological issues and eye, nose and throat irritation. SPF chemicals can also migrate to other parts of the home and cause damage as well as residual odors, the class action lawsuit says.

Plaintiffs in the SPF insulation class action lawsuit claim the defective insulation contains aromatic isocyanate, which is classified as hazardous by the Occupational Safety and Health Administration. Repeated exposure to aromatic isocyanate can cause respiratory injuries and eye and skin irritation. The foam also contains other toxic chemicals such as formaldehyde and a flame retardant known as chlorinated tris, which is banned in children’s products, the class action lawsuit says.

The Plaintiffs say the defendants’ misrepresentation of the safety of SPF constitutes fraudulent concealment. They are also asserting claims of negligence, strict liability, breach of warranties, unjust enrichment and violations of consumer protection laws.

The toxic SPF insulation class action lawsuit is brought on behalf of all homeowners nationwide whose homes contained SPF that was manufactured, sold, distributed or supplied by NCFI, as well as subclass of persons who owned or resided in property containing SPF foam that was sold, supplied, marketed, delivered or installed by McGlaughlin.

It is seeking injunctive relieve and medical monitoring, as wells as actual, compensatory and punitive damages.

The Toxic SPF Insulation Class Action Lawsuit case is Slemmer et al. v. NCFI Polyurethanes et al., Case No. 12-cv-06542, U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs are represented by Jonathan Shub of Seeger Weiss LLP.

Updated December 3rd, 2012

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