O’Reilly Class Action Says Wiper Fluid Doesn’t Perform as Advertised

A class action alleging O’Reilly Auto Parts sells wiper fluid that doesn’t perform as advertised was moved to federal court last week.

According to the class action, O’Reilly advertises windshield wiper fluid that protects and functions at -20 degrees Fahrenheit; however, say the plaintiffs, the fluid freezes and drivers are unable to use it safely at low temperatures.

Plaintiff Paul Weishaar says that not only was he unable to use the O’Reilly wiper fluid at lower temperatures, but the freezing fluid also damaged his vehicle’s windshield wiper fluid system.

Weishaar claims he has purchased O’Reilly’s windshield wiper fluid since 2010 for himself and his family. He says he used the wiper fluid as instructed, but was caught by surprise when it started freezing on him.

Further, the class action lawsuit states Weishaar’s vehicle was within the temperature range that O’Reilly advertised the windshield wiper fluid to be effective, but the fluid still froze.

“Since 2010, Defendant advertised and marketed that the products were fit to protect or function as windshield wiper fluid, a cleaning solution for automotive windshields, when the outside ambient temperature was as low as the stated temperature on the packaging,” alleges the O’Reilly class action lawsuit. “In fact, however, and as Defendant well knew at the time, its products did not perform to the advertised specifications when the product was used as marketed, advertised, and intended.”

According to the class action lawsuit, “the windshield wiper fluid solidified or was otherwise unable to be pumped through a vehicle’s windshield wiper fluid system as to enable a driver to clean his or her windshield by use of the system, after the solution was poured into in a vehicles windshield wiper fluid reservoir tank, during the normal course of a vehicle’s operation.”

The plaintiff also alleges that advertising the windshield wiper fluid as protecting at -20 degrees Fahrenheit when it actually freezes leads to potentially dangerous driving situations when the fluid freezes on the windshield and decreases visibility.

“When Defendant marketed, advertised, distributed, and sold Plaintiff its windshield wiper fluid, the product did not protect down to the freezing temperature advertised, marketed, warrantied, guaranteed, or promised on the product label, which comprised all terms, besides price, of the contract for sale between Plaintiff and Defendant,” alleges the O’Reilly class action lawsuit.

The plaintiff seeks to represent a Class of consumers who purchased O’Reilly’s windshield wiper fluid that was advertised as protecting down to -20 degrees Fahrenheit in Missouri. The plaintiff alleges that O’Reilly Auto Parts is in violation of Missouri merchandising law by allegedly falsely advertising the wiper fluid.

“Defendant’s representations that the products were fit to be used as windshield wiper fluid at the advertised and marketed temperature rating was false and made knowingly by Defendant,” alleges the O’Reilly class action lawsuit.

The plaintiff is seeking damages as well as attorney fees and costs.

Weishaar is represented by Ryan P. Horace of SWMW Law LLC and Steven J. Stolze of Holland Law Firm.

The O’Reilly Freezing Wiper Fluid False Advertising Class Action Lawsuit is Paul Weishaar v. O’Reilly Automotive Stores Inc., Case No. 4:17-cv-02384-AGF, in the U.S. District Court for the Eastern District of Missouri.