Olympic “Rescue It!” Class Action Says Sealant is Defective

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A class action lawsuit filed against Olympic-brand paint manufacturer PPG Industries Inc. alleges that its “Rescue It!” concrete and deck sealant is defective.

The complaint asserts that the Rescue It! products “invariably crack and peel, failing in their represented purpose and qualities and causing significant damage.”

According to the class action, “despite the availability of reasonable alternatives and its knowledge that the Rescue It! Products are defective, PPG continues to manufacture, market, and sell them.”

The Olympic defective sealant class action lawsuit alleges that PPG is one of the largest paint manufacturers in the U.S., and it advertises its Rescue It! brand of sealants, resurfacers, and primers for their “durability, longevity, and low maintenance qualities.”

According to PPG, Rescue It! is the “ultimate remedy for severely weathered or damaged wood and concrete,” that “fills cracks up” and “provides a barefoot friendly, extremely durable surface that resists fading and creates a mildew resistant coating while giving new life.”

The complaint also cites the warranty on cans of Olympic Rescue It! which state that “Olympic guarantees satisfaction” with its products. That advertising and warranty are false, according to the class action.

The lawsuit cites numerous online complaints on various websites written by customers who are angry that their Olympic Rescue It! sealant peeled and flaked after less than a year, typically.

In addition, the class action argues that PPG knew its Rescue It! products were defective from these complaints, but continues to advertise them as high-quality.

All seven plaintiffs bringing the class action lawsuit against PPG similarly claim that they purchased Rescue It! which failed prematurely.

Plaintiff Greg Hoover says he purchased and applied Rescue It! in June of 2015 to his wood deck in Georgia. Hoover claims that despite applying two coats of resurfacer and sealant as directed, it started peeling in early 2016 and damaged his deck.

Likewise, Renee Gravlee of Alabama states that she purchased and hired contractors who applied the Olympic resurfacer on two different decks in 2013. Gravlee asserts that the Olympic product failed within the first month of use, and now her decks will need to be replaced.

Plaintiffs John Davis of Arkansas, Jan Pankow of Wisconsin, David and Casey Reif of South Carolina, and Elizabeth Mortensen of Pennsylvania allege that they had the same experience with Rescue It! sealant.

All seven plaintiffs claim that they purchased Rescue It! products because they thought it would last for years, and would not have purchased the products had they known that the resurfacer was defective.

Consequently, the plaintiffs seek to represent a Class of “All individuals and entities that reside in Georgia, Alabama, Arkansas, South Carolina, and Wisconsin who purchased Rescue It! Products.”

The complaint also sets out proposed subclasses for purchasers of each of those states, and an additional subclass for residents of Pennsylvania.

The class action alleges violations of state consumer protection laws and federal warranty laws. The plaintiffs request treble damages, as well as an injunction stopping PPG from selling its defective Rescue It! products.

The plaintiffs are represented by James F. McDonough III, Taylor C. Bartlett, and W. Lewis Garrison, Jr. of Heninger Garrison Davis, LLC.

The Olympic Rescue It! Defective Sealant Class Action Lawsuit is Greg Hoover, et al. v. PPG Industries Inc., et al., Case No. 1:16-cv-03415, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.