A class action lawsuit was filed against Demilec, USA, the manufacturer of the spray polyurethane foam insulation used in homes. According to the lawsuit, Demilec’s SEALECTION SPF, when applied as insulation, is a polyurethane open cell semi-rigid foam created by the chemical reaction of two sets of highly toxic compounds brought together in a spraying apparatus handled by an installer who applies the material into the attic (or similar) areas of a subject property while wearing protective gear and a breathing apparatus. When applied, the resulting polyurethane foam is supposed to become inert and non-toxic, but SPF remains toxic after installation because either, as designed, it is impossible to become inert and non-toxic even under optimal conditions; or proper installation (and thus non-toxicity) is nearly impossible given the exacting set of installation requirements and inadequate training and installer certification methods
As alleged, due to the defective nature of Demilec’s design and manufacture of SPF, the defective nature of Demilec’ s training of distributors/installers, and the defective nature of Demilec’s warnings, labeling and training materials, the application and installation of SPF is anything but “controlled,” resulting in the installation of an SPF that causes property damage and health hazards to occupants of installed homes such that the only remedy is the complete removal of the SPF
Although Demilec markets its SPF’s as “green” and non-toxic safe products, they are really complex toxic chemical compounds that, due to the defective nature of Demilec’s design, manufacture, materials and training, combine to create a toxic substance that continues to “off-gas” after installation. The off-gassing creates irritants that cause headaches and other neurological issues, and eye, nose and throat irritations as well as respiratory issues in the occupants of homes with the defective SPF applied.
The Complaint states that Demilec is aware that its SPF consists of toxic elements and that, even when installed according to their standards, SPF remains toxic and hazardous to residents of the homes where SPF is installed. The chemical creation process of polyurethane foam requires strict control and monitoring even in industrial conditions/factories, to avoid toxic dangers to workers and environmental exposure/release. Thus, its creation and application in residential attics by inadequately trained certified or authorized installers,
with no sure temperature or equipment controls is completely suspect.
SPF is unfit for the purpose it is intended for due to the damage it causes and/or because its use is has so inconvenienced Plaintiffs that they would not have purchased SPF had the damaging side effects been disclosed to Plaintiffs.
Class: owners and residents of real property containing defective spray polyurethane foam insulation (hereinafter “SPF”) that was designed, manufactured, labeled, imported, distributed, delivered, procured, supplied, marketed, inspected, installed, or sold by the Defendants. SPF is used as a spray on insulation system in the walls and attics (and similar spaces) of residential structures.