On August 31, 2020, class claims were filed in federal court in Minnesota against DAP Products Inc. (“DAP”), the makers of DAP 3.0 “Crystal Clear” Kitchen, Bathroom and Plumbing Sealant, alleging that the product yellows within several weeks of being applied.
In the complaint, named plaintiff Brandon Ehlis argues that despite being marketed by the defendant as a crystal-clear sealer that “allows the beauty of the surface to shine through the sealant,” the product tends to become discolored not long after application. According to the plaintiff, DAP has been aware of the yellowing problem since at least 2012. The complaint states that the product has multiple consumer reviews that consistently and frequently discuss the discoloration issue. Plaintiff argues that the defendant’s representatives have responded to negative consumer reviews and doing so indicates that DAP was on notice of the issue.
The suit alleges that rather than change the formula of the sealant or adjust its marketing strategy, the defendant’s only response was to dilute the negative reviews in an attempt to mislead consumers as to the clear nature of its sealant.
The plaintiff seeks to represent a class made up of all persons and entities in the U.S. who, during the class period from August 31, 2014 until the present, purchased DAP 3.0 Crystal Clear Kitchen, Bath and Plumbing Sealant for their own use and not for resale.
The case is: Ehlis v. DAP Products, Inc., Case No.: 0:20-cv-01872, in the U.S. District Court for the District of Minnesota.
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