Composite deck maker Fiberon calls class action claims 'completely false'

Mike Verespej

Published: March 26, 2012 6:00 am ET

Related to this story

Topics Construction, Pipe/Profile/Tubing

NEW LONDON, N.C. (March 26, 12:35 p.m. ET) — Composite decking manufacturer Fiberon LLC says that a recent class-action lawsuit filed against the company relative to the performance of a decking product it no longer manufactures contains allegations that are “completely false.”

The lawsuit charges that when the Portico brand of decking developed mold and fungus, the company failed to honor its warranty and pay for the deck to be repaired or replaced. Portico decking was sold from 2004 until it was discontinued in 2010.

“The allegations made in this lawsuit are completely false,” said Edie Kello, director of marketing communications for the New London, N.C.-based company. “Surface staining, including mold, is not a manufacturing defect. It’s a failure to comply with the recommendations we make to maintain all outdoor products.”

Fiberon “has a long record of always honoring its product warranties and will continue to do so,” said Kello in a statement issued by the company.

“Outdoor products like decking, siding, concrete and even patio furniture require periodic cleaning to keep them looking good,” she said. “It cannot be our responsibility to maintain them once they are installed.” 

Like most decking companies, Fiberon provides care and maintenance instructions to consumers that purchase its products.

Contrary to the claims made by Fiberon, the plaintiffs claim that Portico decking—which was made from a composite material comprised of wood fiber and polyethylene—has a manufacturing defect that results in extensive molding, mildew and other fungal growth that discolors the deck.

According to the lawsuit, one of the plaintiffs, David Fleisher of North Wales, Pa., alleged that his Portico deck developed fungal growth, including large black spots. Fleisher said he had the deck cleaned, but the discoloration reappeared, so he sent a letter to Fiberon asking for relief under the warranty and was told it was a maintenance issue, not a warranty issue.

The cleaning methods recommended by Fiberon do not prevent the mold from reappearing, contends the lawsuit, which was filed March 14 by the Seattle-based law firm of Hagens Berman Sobol Shapiro LLP in U.S. District Court in Philadelphia.


Comments

Composite deck maker Fiberon calls class action claims 'completely false'

Mike Verespej

Published: March 26, 2012 6:00 am ET

Post Your Comments


Back to story


More stories

Image

Interest in green building growing

November 14, 2014 1:14 pm ET

Interest in third-party certification for green buildings continues to climb, with 62 percent of respondents to a biennial survey by an international ...    More

Image

Polyflow opens Texas plant to make plastic pipe for Permian Basin

November 12, 2014 8:05 am ET

Polyflow LLC announced the grand opening of its new manufacturing plant in a renovated building in Midland, Texas, this morning.    More

Image

BASF study shows rapid payback for EPS residential insulation

November 12, 2014 8:53 am ET

There have been positive long-term economic and environmental benefits from an energy modernization project in houses at BASF SE's home base in...    More

Image

Vinyl extruders settle patent lawsuit

November 11, 2014 3:43 pm ET

A trade coalition of vinyl extruders and window manufacturers reached an out-of-court settlement in a patent lawsuit filed by J-Channel Industries...    More

Market Reports

Plastics in Brazil - State of the Industry Report

This in-depth report examines the Brazilian plastics industry from a historical and geographical context. Our analysts provide insight on economic trends and forecasts, growing manufacturing sectors that utilize plastics, private investment opportunities, market environment challenges, and innovations in R&D.

Data tables and charts on producer prices, trade, plastics production and end market indicators is also included.

Learn more

Plastics Recycling Trends in North America

This report is a review and analysis of the North American Plastics Recycling Industry, including key trends and statistics based on 2013 performance. We examine market environment factors, regulatory issues, industry challenges, key drivers and emerging trends in post-consumer and post-industrial recycling.

Learn more

Injection Molders Market Report & Ranking 2014

This special package contains our 132-page 2014 Market Report on the Injection Molding segment and our exclusive 2014 RANKINGS database of 500+ Injection Molders for a discounted package price.

Learn more

Upcoming Plastics News Events

January 14, 2015 - January 14, 2015Plastics in Automotive

February 4, 2015 - February 6, 2015Plastics News Executive Forum 2015

June 2, 2015 - June 3, 2015Plastics Financial Summit - Chicago 2015

September 16, 2015 - September 18, 2015Plastics Caps & Closures - September 2015

October 27, 2015 - October 29, 2015Plastics Financial Summit - New York - 2015

More Events