Lawsuit filed against Trex

Prosales, Sept, 2004

The Superior Court of New Jersey certified a class action lawsuit that was Filed in 2000 against Winchester, Va.-based composite decking manufacturer Trex.

According to a press release from the law offices of Marc B. Kramer, the complaint alleges that Trex and Timbrex (its predecessor product) will "rot, splinter, and degrade as a result of inherent defects in the manufacturing process," issues that make it inconsistent with the manufacturer's claims in marketing materials. It also alleges that despite claims that the product does not require sealant, the company recommends sealants be applied if mold appears.

Trex asserts that the charges are without merit. According to a statement from William Gupp, vice president and general counsel for Trex, "The claims against Trex are totally unfounded ... The plaintiffs are generally alleging, without any proof, that Trex is inherently defective and will degrade over time. Trex will vigorously defend this case." Gupp emphasized that the court has not held that the Trex product is defective. "All the court held (we believe erroneously) was that a small group of individuals, represented by one counsel, could combine together to bring their claims to court, as opposed to having to bring individual claims. The plaintiffs have not presented, and the court has not considered, any evidence concerning defects in Trex products."