'Odorless' Paint Stinks and is Sticky, Suit Charges

Benjamin Moore touts its Natura interior paint as "virtually odorless," but a federal class action says the paint stinks - for months. The class claims that the company issued a deficient "Product Replacement" notice to retailers that did not admit the extent of the problem. 

The suit, filed on behalf of Marlene Sway and other smell-sensitive homeowners, alleges that Benjamin Moore markets the product as a quick-drying paint that "dries to the touch in 30 minutes." In fact, says Sway, the paint remains wet and sticky for months.

Sway, who said she is concerned about the indoor air quality in her California home, said she was swayed by the company's claims that Natura was odorless and quick-drying.

Had she known that the paint "emits a strong, foul and long lasting odor and does not dry for months or longer," she would not have purchased it, the suit alleges.

Sway alleges that Benjamin Moore is aware of the paint's stickiness and odor but did nothing to disclose its shortcomings to consumers.

The suit charges that on July 22, 2010, Benjamin Moore issued a "Product Replacement" notice to retailers saying that the company had "made additional changes to further improve its performance" and offering to replace older paints still on retailers' shelves.

The company, however, did nothing to notify consumers of the "improvements" nor did it offer to replace any foul-smelling paint then extant on homeowners' walls, Sway charges.

The suit quotes complaints posted on various websites by unhappy homeowners, including one man who allegedly ripped out his ceiling and replaced the drywall to rid his home of the odiferous paint.

The suit, filed in U.S. District Court in San Francisco, seeks an injunction against further alleged misrepresentation, damages and legal fees.