• Who: A paint-and-primer consumer sued Rust-Oleum.
• Why: The plaintiff says the company sells paint-and-primer products that don’t work without also buying a primer.
• Where: The Rust-Oleum paint-and-primer class action was filed in a New York federal court.

A paint buyer sued Rust-Oleum, alleging the company sells paint-and-primer products that don’t work without also buying a primer.

Plaintiff Michael Nemirovsky filed the class action lawsuit against Rust-Oleum Corporation on Feb. 6 in a New York federal court, alleging violations of state and federal consumer laws.

The plaintiff alleges that the paint company falsely markets some of its paint-and-primer-in-one products, including

• Rust-Oleum Painter’s Touch 2x Ultra Cover Paint + Primer
• Rust-Oleum Universal Flat Paint & Primer in One Spray Paint
• Zinsser Covers Up Ceiling Paint & Primer In One
• and many more.

According to the lawsuit, the company makes and sells the products with the claim that they are “Paint & Primer.”

Reasonable consumers believe that products that claim to offer “Paint & Primer” contain both paint and primer in that product and that the consumer will get the benefits of both a paint and a primer from just the one product, the Rust-Oleum class action states.

“However, Defendant’s advertising and marketing campaign is false, deceptive and misleading since the Products do not work as represented as they do not adequately cover and adhere to the surface without first separately...

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