Rust-Oleum ‘Earth Friendly’ Labeling Class Suit Can Go to Trial

A proposed class suit alleging that Krud Kutter products are misleadingly labeled as “non-toxic” and “Earth friendly” can proceed to trial, after a California district court found genuine disputes of fact remain on all claims.

Anthony Bush sued Rust-Oleum Corporation over its labeling of its Krud Kutter cleaners. Bush alleged the company violated California consumer-protection laws by selling products that can cause harm to humans and the environment. He also filed claims of breach of express warranties and unjust enrichment, along with allegations the company violated the Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act.

Rust-Oleum’s motion ...