AERT OKs Settlement Of Deck-Cleaning Suit

by Arkansas Business Staff  on Monday, Dec. 8, 2008 12:00 am  

Advanced Environmental Recycling Technologies Inc. of Springdale has entered into a settlement agreement over a class-action lawsuit that was filed earlier this year.

The U.S. District Court for the Western District of the state of Washington has set a hearing for final approval on Jan. 8, 2009.

In the suit, several customers of AERT's ChoiceDek decking product alleged they were having difficulty keeping their decking free from mold and mildew surface stains.

These customers bought their ChoiceDek products before AERT began adding zinc borate, a mold inhibitor, in October 2006. AERT has investigated these claims and entered into the settlement agreement in order to resolve this litigation, the company said in a news release.

As part of the settlement, the defendants will modify ChoiceDek marketing materials to help customers understand the need to periodically clean their decking to avoid the buildup of surface debris that can support mold and mildew. Updated cleaning information will be available on the ChoiceDek Web site. Additionally a new instructional cleaning video will be provided to customers upon request.

The settlement also offers a formal claim resolution process that allows eligible customers to have their decks inspected, cleaned, and treated with a mold inhibitor and provides other additional relief under certain circumstances, such as additional cleanings, refunds, replacement material, coupons for discounted cleanings, and/or credit vouchers for use at Lowe's Home Improvement stores. More information along with the claim submission deadline is available at or by calling (877) 220-6624.  



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