Rust-Oleum Label Suit Sees California Residents Class Certified

California residents are entitled to class action status in a suit alleging that Rust-Oleum’s Krud Kutter products are misleadingly labeled as “non-toxic” and “Earth friendly,” a federal trial court ruled.

Judge Laurel Beeler, of the US District Court for the Northern District of California, granted Anthony Bush’s motion for class certification, which defined the class as all residents of California that purchased the products within four years prior to the filing of Bush’s complaint. Beeler certified the class because all Rule 23(a) requirements—numerosity, commonality, typicality, and adequacy—were satisfied.

While Rust-Oleum Corporation didn’t dispute that the class met the numerosity requirement, ...