Consumers have a right to expect that the very name of a product not mislead them as to its quality or characteristics. Accordingly, when an unscrupulous company misleads consumers by using a product’s name to exaggerate the benefits of that product, consumers have a right to hold that company to account in a court of law.
Recently, the National Advertising Division (or “NAD”), an organization that monitors companies who advertise to the public, found that Rust-Oleum is engaging in precisely such behavior with its “Painter’s Touch Ultra Cover 2X” line of spray paint cans. Indeed, the NAD found that Rust-Oleum’s own internal comparative product testing failed to provide adequate substantiation for its claim in the product name (and in associated advertising) that the spray paint provides twice the coverage of similar products. Accordingly, the NAD recommended that Rust-Oleum change the product name and cease claiming that its spray paint provides “2X” the coverage of competitors.
When consumers purchase spray paint reasonably believing, because of deceptive and misleading product labeling and advertising, that it provides twice the coverage of a competing product, when it, in fact, does not, the company selling that spray paint has been unjustly enriched at consumers’ expense. The attorneys at Finkelstein, Blankinship, Frei-Pearson & Garber, LLP have successfully brought lawsuits on behalf of numerous consumers aggrieved by such deceptive product labeling and advertising. If you have purchased Rust-Oleum’s “Painter’s Touch Ultra Cover 2X” spray paint products, please contact us today for a free consultation regarding your legal options.