Lumber Liquidators Class Action Lawsuit Filed over Toxic Formaldehyde Flooring

Lumber Liquidators has been hit with another class action lawsuit accusing the hardwood floor retailer of selling Chinese-made laminate flooring that contains “potentially dangerous levels of formaldehyde.”

The Lumber Liquidators class action lawsuit, filed March 4 in the Northern District of California by three plaintiffs from California and New York, is the latest complaint to be lodged against the retailer over allegations that it is selling toxic Chinese-made laminate flooring. The allegations were raised during a 60 Minutes news story that aired March 1.

The news story was prompted by an investigation that was conducted by two environmental advocacy groups that purchased and tested more than 150 boxes of Lumber Liquidators laminate flooring at stores around California.

“The results showed that ‘every single sample of Chinese-made laminate flooring from Lumber Liquidators failed to meet California formaldehyde emissions standards. Many by the large margin,'” the class action lawsuit says.

The results of that investigation prompted 60 Minutes  to conduct its own investigation into Lumber Liquidators Chinese-made flooring. Out of 31 boxes tested, the news team allegedly found only one compliant with formaldehyde emissions standards. Some were more than 13x over the California limit.

“Both of the labs told 60 Minutes that they had never seen formaldehyde levels that high,” the plaintiffs claim.

Undercover investigators with hidden cameras were then sent to the city in China where the laminate flooring sold at Lumber Liquidators is manufactured.

“The results of the undercover investigation were shocking,” the class action lawsuit says, quoting the news program:

“Employees at the mills openly admitted that they used core boards with higher levels of formaldehyde to make Lumber Liquidators laminates, saving the company 10-15 percent on the price. At all three mills they also admitted falsely labeling the company’s laminate flooring as CARB” compliant. (emphasis added)

Formaldehyde is a colorless, strong-smelling chemical that is commonly used in building materials and to treat wood used in flooring projects.

Formaldehyde is often used in glues that bind wood particles together during the manufacturing process, resulting in the laminate flooring. The laminate covering often traps most of the formaldehyde, but some of the chemicals can leak into the air. The level homeowners could potentially be exposed to depends on how well-ventilated the home is, and how much formaldehyde was used in the wood.

While harmless at minimal levels, high levels of formaldehyde exposure could be a cancerous hazard, according to health experts. Formaldehyde exposure can also cause irritation to the eyes, nose, throat, skin and respiratory tract.

The California Air Resources Board (CARB) has set a high standard for formaldehyde restrictions. In January 2009, CARB created regulations called the Airborne Toxic Measure to Reduce Formaldehyde Emissions from Composite Wood Products. These regulations were adopted into federal law after Congress passed the Formaldehyde Standards Act in July 2010.

Plaintiffs in the Lumber Liquidators class action lawsuit accuse the retailer of violating these standards and making false and misleading statements about their CARB compliance. The plaintiffs say that had they — and other similar consumers — known the flooring was not compliant, they would not have purchased the products.

Plaintiffs in the class action lawsuit are seeking to represent three Classes of purchasers: those from California, New York and nationwide who purchased Lumber Liquidators Chinese-made laminate flooring sold during the applicable statute of limitations.

Plaintiffs are also asking the Court for the following relief: an order compelling Lumber Liquidators to conduct a corrective advertising campaign; disgorgement of all money, revenue and profits wrongfully obtained; restitution; damages; and other relief.

The Lumber Liquidators Class Action Lawsuit is Shelly Conte, Mark Reyes, Daniel Tacktill v. Lumber Liquidators Inc., Case No. 3:15-cv-01012-JST, in the U.S. District Court of Northern California.

UPDATE: Several Lumber Liquidators class action lawsuits were consolidated into a multidistrict litigation (MDL), or mass tort, and transferred to a Virginia federal court by the U.S. Judicial Panel on Multidistrict Litigation (JPML), alleging that the flooring company sold wood floors containing toxic levels of formaldehyde.

–Additional reporting by Amanda Antell.

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