Pennsylvania residents have filed a putative class action against companies that made and installed spray foam insulation (SPF) in their homes, claiming that its application “causes property damage and health hazards to occupants of installed homes such that the only remedy is the complete removal of SPF.” Slemmer v. NCFI Polyurethanes, No. 2:2012cv06542 (U.S. Dist. Ct., E.D. Pa., filed November 20, 2012).
The plaintiffs claim that the product is known in the industry to be “unstable and prone to failure as installation is difficult and complicated.” If not installed properly, the product, which is allegedly created by the chemical reaction of two sets of purportedly toxic compounds, does not, as intended, become inert and non-toxic. Instead, it allegedly off gasses “irritants that cause headaches and other neurological issues, and eye, nose and throat irritations as well as respiratory issues.”
The plaintiffs seek to certify a nationwide class of consumers as to the manufacturing defendant and a statewide subclass as to the installer. They assert claims of negligence, negligent supervision, strict liability, breach of express and/or implied warranties, unjust enrichment, violation of consumer protection laws, and equitable and injunctive relief and medical monitoring. Seeking a trial by jury, the plaintiffs ask for actual, compensatory, statutory, and punitive damages; interest; injunctive relief; attorney’s fees; and costs.