Behr Sued Over Mildew-Fighting Claims

Two wood finishes promoted as protection against mildew turned out to foster the spread of the ugly fungus, according to a lawsuit filed in Washington against the Santa Ana manufacturer.

The lawsuit, which was disclosed recently, said mildew appeared within a few months after customers applied the wood finishes made by Behr Process Corp. The finishes--Super Liquid Raw-Hide and Natural Seal Plus--were billed as preventing mildew for several years, according to the suit.

Santa Ana-based Behr, which has denied the claims, was purchased in September by Masco Corp., a cabinet and faucet maker based in Taylor, Mich., to increase Masco’s business as a supplier for Home Depot.

Nine families filed the class action in Grays Harbor County, Wash., Superior Court. One of their lawyers, Michael Withey, said as many as 20,000 consumers throughout the western part of the state could be included.

In court documents, Behr lawyers said consumers caused problems by applying the products incorrectly. They also said a label on Super Liquid Raw-Hide that guaranteed the finish would last twice as long as those sold by competitors was just puffery to boost sales, not a warranty.

The same label said Behr could not control how the product was applied and thus offered “no guarantee as to results,” the court documents say.

Last week, however, Judge David Foscue found that the label and a brochure using similar language were untruthful and that the company had breached its warranties, said Withey and David Edwards, another lawyer representing unhappy buyers of the finishes.

The judge has yet to rule on whether Behr’s products promote mildew growth, but Doug Truax of Montesano, who won a $12,000 settlement from Behr in an earlier suit, said the company’s chemist admitted that Super Liquid Raw-Hide contains a mildew-feeding ingredient, linseed oil.

Parker Pace, the chemist and a company vice president, testified in a deposition that Behr continued to use the guarantee about outlasting the competition even after he warned that it was no longer accurate, according to court documents.

Behr, a major manufacturer of paints, stains and varnishes, was acquired in September by Masco, the nation’s largest maker of kitchen cabinets and bathroom fixtures.