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Class Action Lawsuit Filed Against Azek Alleging False Marketing Claims

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A class action lawsuit has been filed against Azek Building Products Inc. alleging that Azek Deck Boards can show signs of staining, scratching, fading, discoloration, and mold and mildew deposits, despite marketing claims to the contrary by the manufacturer.

The national law firm Parker Waichman LLP filed the suit on April 25 in the U.S. District Court for the Southern District of Illinois. CPG International Inc. and Azek Building Products Inc. have been named as defendants. The class action suit was filed on behalf of two men, one from Pinckneyville, Illinois, and one from Bel Air, Maryland. Both had purchased the Azek decking material, in 2011 and 2009, respectively, to be used as outdoor decks and docks.

The lawsuit alleges that the defendants marketed their decking as low maintenance and able to avoid the typical drawbacks seen in traditional wood and composite decking. Among Azec’s chief claims is that its Deck Boards are resistant to damages such as stains, scratches, splits, as well as the affects of mold, mildew and moisture. However, both defendants eventually had problems with their Azek decking, ranging from extensive splitting and cracking in the coating, to general staining, streaking, scratches, discoloration, chalking and fading.

The lawsuit is alleging that Azek and CPG knew or should have known that because their decking is made of PVC it is highly susceptible to color and performance degradation as a result of exposure to solar ultraviolet radiation and heat, conditions likely to occur in the outdoor applications. The lawsuit also alleges that the defendants knew that as a direct result of using Azek decking in outdoor applications exposed to solar UV radiation and heat, Azek decking could prematurely discolor, stain, scratch, chalk, and deteriorate as a result of photo and thermal degradation.

breakinglawsuitnews.com disclaimer: This article: Class Action Lawsuit Filed Against Azek Alleging False Marketing Claims was posted on Monday, May 6th, 2013 at 5:11 pm at breakinglawsuitnews.com and is filed under Construction Defect Lawsuits.

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