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Recochem intentionally mislabels its solvent based products including paint thinners, varsol and mineral spirits, according to an application to authorize a class action lawsuit that was filed last week in Montreal Superior Court.
If you, since 2000, purchased paint thinners, varsol or mineral spirits produced by Recochem, you are a potential Class Member of this class action lawsuit Canada.
Recochem Website Touts ‘Ethical Behavior’
Recochem was reportedly founded in Montreal in 1951. Since its inception, it has grown into a multinational corporation that distributes products to retailers globally.
According to the Recochem class action lawsuit, the solvent products are made from oil derivatives. The company represents its paint thinners, varsol and mineral spirits as having different attributes and chemical mixtures.
The Recochem class action lawsuit points to the company’s website which touts its commitment to social responsibility and integrity by “demonstrating honest, ethical behaviour in all our activities.”
However, the class action argues that the solvent company has been misrepresenting the characteristics of its products since around the year 2000.
Class Action Lawsuit: Recochem Solvents Initially Had Different Characteristics
Prior to 2000, Recochem reportedly purchased the solvent products in bulk from major oil companies. They were reportedly delivered by train or tanker trucks to Recochem distribution facilities throughout North America, and containers would be filled and labeled according to the solvent they contained (paint thinner, varsol or mineral spirits).
“Recochem added no additional ingredients to the Solvent Products and the containers are filled only with what Recochem was provided by the oil companies,” the class action lawsuit says. These products reportedly had different qualities and Recochem paid different amounts for the products based on the characteristics of the specific product purchased.
“Recochem created labels for the different Solvent Products and placed them on the containers,” the lawsuit states. “The container labels identified which Solvent Product was in the container and included representations about the product along with the different product codes.”
The solvent products named in the lawsuit include Solvable Painter Thinner, Solvable Paint Thinner with Mineral Spirits, Varsol, and Solvable Mineral Spirits. Retailers reportedly charged consumers different amounts for the different Recochem products.
Class Action Lawsuit: Products Were ‘Exactly the Same’ After Change
Plaintiff Alain Hayon alleges that, around the year 2000, Recochem sought to increase its profits and decided that it would purchase only one type of bulk solvent (“solvent 3139”) from the oil companies and proceeded to fill all of the containers for its solvent products with solvent 3139.
As a result, containers labeled as paint thinner, varsol and mineral spirits all contained solvent 3139 instead of solvent products with differing characteristics. However, Recochem allegedly continued to market the products as if they were different and charged for them accordingly.
“In reality, all of the Solvent Products were exactly the same as they were all filled with only solvent 3139,” Hayon alleges.
Plaintiff Says Misrepresented Products Caused Him Financial Loss
Hayon says he purchased a 946mL bottle of Recochem paint thinner with mineral spirits in the summer of 2019 for approximately $9. He says he relied on the product’s label, which indicated the product’s contents were different from other Recochem solvent products and were offered at a different price point than the other products.
According to the Recochem class action lawsuit, Hayon paid a premium price for what he believed to be a product of a superior quality from the other products.
“Recochem wilfully failed to disclose and actively concealed the fact that the Solvent Products all contained exactly the same chemical mixture,” the class action lawsuit alleges. “Recochem’s intentional misrepresentations constitutes a prohibited business practice.”
He claims that he and the putative Class Members have suffered financial loss due to Recochem’s alleged misrepresentation of the solvent products. He estimates that there are tens of thousands of Canadians who may qualify as Class Members of the Recochem lawsuit.
The Recochem class action lawsuit is seeking compensatory and punitive damages on behalf of himself and members of the proposed Class for Recochem’s alleged violations of Quebec’s Consumer Protection Act.
Have you purchased Recochem paint thinner, varsol or mineral spirits? What do you think about the allegations that the products were misrepresented as different solvent products even though they were exactly the same? Let us know in the comments section below.
Hayon is represented by Me Joey Zukran of LPC Avocat Inc.
The Recochem Class Action Lawsuit is Alain Hayon v. Recochem Inc., Case No. 500-06-001101-209, in the Superior Court of Québec, District of Montreal, Canada.
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7 thoughts onRecochem Class Action Lawsuit Alleges Intentional Mislabeling and Overpricing
Were these products sold in the US? My son died from leukemia in 2019 after, possibly, exposure to benzene from a solvent sold at an art store in Virginia. Were the SDS sheets fraudulent as well? What was the benzene content in ‘solvent 3139’? Thank you.
Legit scammers ?? Apparently a license to steal if you are a registered company.
Include me as well thank-you. So much for trust is lost.
scammed again please sign me up i would greatly appreciate a lot
Sign me up
Sign me up!
Scammers! So infuriating!
Sign me up!
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