Christina Spicer  |  February 10, 2020

Category: Legal News

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interior of a mercedes benz regarding Canadian air conditioner class actionMercedes-Benz Canada Inc. is facing a moldy air conditioner class action lawsuit claiming that a defect in the luxury vehicles air conditioning and heating systems causes mold and mildew to form and to be blown throughout the car by the system.

According to the complaint, which was filed by a Canadian legal firm, a variety of late-model Mercedes vehicles are affected. These vehicles include the following;

  • 2008-2019 Mercedes C-Class
  • 2012-2017 Mercedes CLS-Class
  • 2010-2019 Mercedes E-Class
  • 2013-2016 Mercedes GL-Class
  • 2017-2019 Mercedes GLS-Class
  • 2015-2019 Mercedes GLA-Class
  • 2012-2015 Mercedes M-Class
  • 2016-2019 Mercedes GLE-Class
  • 2010-2015 Mercedes GLK-Class
  • 2016-2019 Mercedes GLC-Class

The legal group that initiated the Canada-wide Mercedes-Benz moldy air conditioner class action lawsuit, the Consumer Law Group, says, “the vehicles in question have a faulty design that fails to properly evaporate or drain the system condensation, creating a rich environment for the growth of bacteria, fungi, mold, and spores, which are then are blown into the passenger cabin through the HVAC systems,” on its website. “The moldy air has a highly unpleasant noxious and mildewy smell that cause the vehicles’ passenger cabins to be unbearable and can also cause respiratory problems and aggravate allergies.”

According to the Mercedes-Benz moldy air conditioner class action lawsuit, the issue is exacerbated in warm, humid weather and after it rains. The complaint says that the odour is moldy, mildew or sour and has resulted in owners and lessees having to pay to try and solve the problem or resort to air fresheners to mask the scent.

In addition to the obnoxious odour, the problem also results in reduced efficiency of the heating and conditioning system.

The problem, according to the complaint, stems from the failure of the heating and air conditioning system to properly evaporate condensation that occurs as outside air is heated or cooled. The excess moisture allegedly creates a hospitable environment for the growth of bacteria and mold. The mold eventually forms mycotoxins, says the complaint, that are emitted into the air and blown through the vehicle when the system is activated.

Further, the carmaker exacerbated the costs on owners and lessees, according to the Mercedes-Benz moldy air conditioner class action lawsuit. Mercedes-Benz pushed nonpermanent solutions onto those seeking a repair for the moldy air problem, including replacing the cabin air filter, “flushing” the system, or using various cleaners. These so-called solutions were not free, says the complaint, noting that Mercedes charged consumers for temporary respites from moldy air that always seemed to return.

According to the legal group representing the plaintiff in the Mercedes-Benz moldy air conditioner class action lawsuit, a similar class action has been filed and settled in the United States.

The plaintiff, D. Leopardi, seeks to represent Canadians nationwide who purchased or leased an affected Mercedes-Benz vehicle. The plaintiff says that he and the proposed Class have suffered damages because of the allegedly defective air conditioning system, including overpayment for the vehicles, repairs, and loss of value in the event of resale.

Have you been affected by mold and mildew problems in your Mercedes-Benz? Tell us your story in the comments below!

The plaintiff is represented by Andrea Grass of the Consumer Law Group Inc.

The Mercedes-Benz Moldy Air Conditioner Class Action Lawsuit is D. Leopardi v. Mercedes-Benz Canada Inc., Case No. 500-06-001036-199 in the Superior Court of Québec, District of Montreal, Canada.

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34 thoughts onMercedes-Benz Canada is Facing a Moldy Air Conditioner Class Action Lawsuit

  1. Jim says:

    Anything new in this lawsuit of 2020? My M350 car still smells.

  2. Hoon Jung says:

    I own a 2014 Mercedes ML350 BlueTEC. My car has always smelled like gym socks no matter what I do. My wife will not go into my car because of the smell. I’ve brought it to the dealer and all they did was change the filter and spray a disinfectant… It’s terrible… Please add me to your list

  3. Ken says:

    Does the issue apply to the RV model 2016 Jayco Melbourne Class C Mercedes RV?

  4. Mr/Wayne Jenkins says:

    Add me to

  5. Carol Hovis says:

    I have a 2007 C280 Mercedes Benz and have been battling this problem for years. It doesn’t matter the season, the interior cabin is always foul smelling. It also doesn’t matter whether the heat is turned on or the A/C is turned on, or everything is turned off, this smell is always there.
    I’ve tried everything and nothing works.
    I suffer from bad headaches when in the car for too long.
    Can I be added to your lawsuit? I notice it only starts with the 2008’s but this is definitely a huge problem with the 2007 vehicles as well.
    Thank you

  6. Aashish says:

    I have 2016 C300 and i get bad odour from my AC vent as well. I have tried air freshner but the moldy smell is much stronger. Would definitely like to know the outcome of case against Mercedes Benz Inc Canada on this matter.

  7. A. Peterkin says:

    Hi – Just bought a used GLE 400 around last Christmas and the smell started a few months after on start up. Knowingly selling these cars without letting the buyer know of this issue is really crappy on the part of Mercedes. Same as if you sold a house with a known issue and did not tell the buyer. You are clearly liable following that. Car is in the shop now and the service guy was talking about having to pay for certain things to possibly fix this. Again pretty crappy – I let him know about the US lawsuit being settled – we will see what he comes up with.

  8. Cristian Figueroa says:

    Purchased my 2014 CLA250 from a private sale only last year and I the smell coming from the A/C has aggravated my allergies to the point where I can’t drive the car sometimes. It’s that bad, this is ridiculous and needs to be fixed asap. Shame on mercedes benz.

  9. Jess says:

    I bought a 2015 GLA 250 in march of 2016 and the smell started almost 45 days into owning it. I’ve taken it to the Mercedes Benz dealer and told them that something is wrong because the AC smells like mold. They told me I needed a new filter. They replaced the filter but the smell just gets worse. and air freshners di not help. They pretty much told me that they can’t smell it so they don’t know what to fix

  10. Alyssa C says:

    My 2019 GLA 250 4matic has this issue where it smells and with the current heat wave warning in Toronto it’s just getting worse and unbearable. How can I be added to this ??

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