Rust-Oleum Spray Paints

September 2017: A state court judge granted final approval of the settlement.

May 2017: A state court judge preliminarily approved a settlement of a false advertising class-action lawsuit against Rust-Oleum Corp. The complaint, which was originally filed in December 2016, alleges that the company improperly labels its 2X spray paints – including Painter’s Touch Ultra Cover 2X spray paint and America Accents Ultra Cover 2X spray paint – as providing twice the coverage of other brands.

According to the settlement terms, class members with proof of purchase may receive a maximum of $20 per household. Class members without proof of purchase may receive up to $1 for a maximum of three products per household while those who are willing to provide additional information about their purchase (including the product purchased and the date and location of the purchase) may receive $1.50 for each product purchased for a maximum of four products per household. In addition, the company agreed to change product labels to ensure they no longer refer to competitors’ products for a period of two years.

A final fairness hearing is scheduled for September 12, 2017. (White et al v. Rust-Oleum Corp., Case No. 16AC-CC00533, Circuit Court of Cole County, Missouri)