April 15, 2015 — Attorneys who filed a class action accusing Lumber Liquidators of selling unreliable home-testing kits have asked a judge for an injunction to stop the company from misleading customers about the safety of their floors.
Law360 reports that lawyers have asked Judge Jon S. Tigar to take the following action:
- Prohibit Lumber Liquidators from saying their home air testing kits are an effective way to detect formaldehyde in their homes
- Require Lumber Liquidators to tell customers to retain a qualified professional trained in environmental science, industrial hygiene, or toxicology to perform proper testing and design an appropriate remediation plan.
After Lumber Liquidators was accused of selling Chinese-made laminate wood flooring with toxic levels of formaldehyde, they were hit with a number of class actions and individual lawsuits. The company offered customers free at-home do-it-yourself test kits. Within weeks, over 10,000 of the kits were ordered.
Each kit contains a plastic disc, which is supposed to be placed 4-feet above the floor for 24-48 hours, and sent back to Lumber Liquidators for testing.
The problem is that the kit only provides “air testing,” but does not test formaldehyde in the flooring itself. Furthermore, children and pets are exposed directly to the floors — not 4-feet above.
According to the motion for injunction, the tests “do not comply with accepted industry standards, are inherently unreliable, and are likely to under-report the amount of formaldehyde present.” Furthermore, attorneys state:
“Lumber Liquidators’ public relations inspired ‘air tests’ will falsely lead some to believe that their floors are safe, and to forego effective measures to reduce the health risks the floors pose. These people will continue to be exposed to potentially dangerous levels of a carcinogenic chemical.”