SEATTLE, Feb. 27, 2008 LAWFUEL – Litigation Newswire — A consortium of law firms announce that they filed a nationwide class action lawsuit on behalf of all purchasers of Weyerhaeuser ChoiceDek(r) decking products. The Plaintiffs filed their suit in the United States District Court for the Western District of Washington in Seattle against Weyerhaeuser Company
(NYSE:WY) (ChoiceDek(r) seller); Advanced Environmental Recycling
Technologies, Inc. (Nasdaq:AERT) (ChoiceDek(r) manufacturer); and
Lowe’s Companies, Inc. (NYSE:LOW) (ChoiceDek(r) retailer)
(collectively, the “Defendants”).
ChoiceDek(r) is a composite material, primarily composed of wood fibers
and recycled plastic, used in residential decking throughout the United
States. The Defendants have sold hundreds of millions of dollars of
this product since it was first introduced into the market. The
Plaintiffs’ legal complaint alleges that ChoiceDek(r) is defective
because it develops extensive and recurring mold and mildew stains due
to inherent manufacturing flaws and that Defendants fraudulently
advertised the product as being “low maintenance” despite having
knowledge of these problems.
The Plaintiffs contend that although the products are promoted as
“virtually moisture proof,” they are, in fact, highly susceptible to
moisture in the outdoor environment. Additionally, the manufacturer of
ChoiceDek(r) acknowledges that it utilizes “contaminated” recycled
plastic that it fails to adequately clean, which introduces food waste
into the decking boards.
The Plaintiffs are seeking an injunction that would require the
Defendants to honor the warranty that comes with the product and
replace defective decks or provide consumers with refunds.
Alternatively, Plaintiffs are seeking compensatory and punitive
damages.
The law firms that filed the lawsuit are Cohen, Milstein, Hausfeld &
Toll, P.L.L.C. (Washington, DC); Keller Rohrback L.L.P. (Seattle, WA)
and Gary, Naegele & Theado, LLC (Lorain, OH). These firms have
successfully represented consumers in hundreds of class actions across
the United States.
For more information please contact attorney Mark Griffin at (206)
623-1900 or at mgriffin@kellerrohrback.com. You may also view a copy of
the complaint via our website at: www.krclassaction.com.
More information on this and other class actions can be found on the
Class Action Newsline at www.primenewswire.com/ca.
