Federal Judge Dismisses Part of Lowe’s, Shop-Vac Class Action Lawsuit

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Part of a class action lawsuit filed against Shop-Vac Corp. and Lowe’s Home Improvement has been dismissed by a Pennsylvania federal judge, in a lawsuit alleging the vacuum lacked the correct horsepower and capacity advertised on the product’s packaging.

The Shop-Vac lawsuit alleges that both Shop-Vac and Lowe’s “made fraudulent and misleading representations regarding the peak horsepower and tank capacity on Shop-Vac vacuums.”

Judge Yvette Kane previously dismissed the Shop-Vac class action lawsuits in 2013 because the plaintiffs had not specified exactly which product they bought, where the product was purchased, and what the claims and warranties were that they were contesting.

The plaintiffs filed an amended Shop-Vac lawsuit in September 2013 with the information requested by the judge.

The plaintiffs include Alan McMichael of Florida, Andrew Harbut of Missouri, and Kris Reid of California. Both McMichael and Habut purchased Shop-Vac vacuum cleaner at Lowe’s. Reid purchased his at a Stock Building Supply.

“Plaintiffs allege that Shop-Vac misleads consumers by representing that its vacuums are capable of reaching a peak horsepower that is impossible to attain in actual use by consumers,” Judge Kane explains.

“Plaintiffs also allege that Shop-Vac makes misleading representations about the vacuums’ tank capacities, because, in actual operation, the vacuums stop working when their tanks reach between 47 percent and 83 percent of their stated capacity.”

Lowe’s is included in the class action lawsuit because the home improvement store “sells a line of Shop-Vac vacuums with the company’s blue trade dress that contain” the same claims “on the boxes, as well as advertisements and buyer’s guides for its ‘Lowe’s Shop-Vacs.'”

The plaintiffs are charging Shop-Vac and Lowe’s with violating the consumer fraud laws in their respective states, for violating the Magnuson-Moss Warranty Act, breach of express warranty, and breach of the implied warranty of merchantability.

The plaintiffs would like the Class to include Shop-Vac customers in all states except New Jersey within the statute of limitations time period, and they would also like a sub-class for those who purchased Shop-Vacs at Lowe’s.

The Shop-Vac and Lowe’s filed a motion to dismiss the Shop-Vac class action lawsuit in October 2013 and oral arguments were held on May 19.

Judge Kane kept the Breach of Express Warranty charge and the consumer fraud claims.

“Plaintiffs have adequately alleged breach of express warranty,” she wrote. “They allege they purchased vacuums that made specific representations regarding peak horsepower and tank capacity, that these representations were false, and that these representations were the basis of the bargains because they would not have purchased the machines if not for the representations on the label.”

About the consumer fraud claims, Judge Kane explained that she kept these allegations because she “cannot conclude at this stage that a reasonable consumer would not understand the term ‘peak horsepower’ to mean horsepower achieved in actual use of the vacuum.”

The breach of implied warranty of merchantability charge and Magnuson-Moss Warranty Act violation allegation were both dismissed.

The plaintiffs are represented by Jennifer S. Czeisler, Sanford P. Dumain, Scott R. Foglietta and Andrei V. Rado of Milberg LLP; Bruce D. Greenberg and Marissa L. Quigley of Lite DePalma Greenberg LLC; Robert I. Lax of Lax LLP; Joseph U. Metz of Dilworth Paxson LLP; and Bonner C. Walsh of Walsh PLLC.

Shop-Vac is represented by Michael L. Mallow of Loeb & Loeb LLP.

Lowe’s is represented by Michael B. Shortnacy of Loeb & Loeb LLP.

The Shop Vac False Advertising Class Action Lawuit is In re: Shop-Vac Marketing and Sales Practices Litigation, Case No. 4:12-md-02380, in the U.S. District Court for the Middle District of Pennsylvania.

UPDATE: On Apr. 1, 2016, a proposed settlement has been reached after years of litigation between Shop-Vac, Lowe’s and a group of plaintiffs who allege the companies misrepresent the horsepower rating and canister size measurement of Shop-Vac’s vacuums.

UPDATE 2: The Shop-Vac class action settlement is now open! Click here for more details!