April 15, 2015 — Attorneys representing members of a class action against Lumber Liquidators have filed a motion for injunction to stop the company from providing “unreliable” do-it-yourself test kits for formaldehyde.
According to Law360, attorneys have asked a federal judge in California to approve a preliminary injunction with the following restrictions:
- Prevent Lumber Liquidators from representing that its do-it-yourself testing kits accurately measure formaldehyde levels.
- Require Lumber Liquidators to advise inquiring customers to retain a qualified professional trained in environmental science, industrial hygiene, or toxicology to perform proper testing and design an appropriate remediation plan.
The company has been hit with several class actions after a report by 60 Minutes warned that Chinese-made laminate wood floors might contain dangerous levels of formaldehyde, a cancer-causing chemical.
After the report, Lumber Liquidators provided about 10,000 customers with free do-it-yourself home testing kits. The problem is that the kits only check formaldehyde levels in the air four feet above the floor — not in the flooring itself.
Attorneys who filed the motion for injunction also say the kits “do not comply with accepted industry standards, are inherently unreliable, and are likely to under-report the amount of formaldehyde present.”
Lawyers are concerned that these customers will continue to be exposed to formaldehyde instead of removing dangerous flooring materials immediately. According to the complaint:
“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.”
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