West Palm Beach, Florida -- Eco foam insulation specialist Demilec is defending itself against claims that it sells unnecessarily dangerous spray foam insulation products through distributors and installers.
Earlier this month, district judge Kenneth Marra said a summary judgment is possible within Florida, where the plaintiff Lucille Renzi lives, but added that she could not file the case under other states. It was ruled that Renzi could pursue her claim under the Florida Deceptive and Unfair Trade Practices (FDUTP).
The case is one of several against companies involved in polyurethane spray foam insulation. The plaintiffs allege that the foam stays toxic after it’s installed and that the only remedy is complete removal.
In Schraeder v Demilec – a case unfolding simultaneously in a New Jersey district court – papers for the plaintiffs state: ‘The foam ‘remains toxic after installation because of faulty design or because proper installation is almost impossible due to the exacting set of installation requirements, inadequate training and installer certification methods.”
It is alleged that the company warned its installers that they must ‘account for weather and equipment’ or the installation can ‘fail and create a noxious substance.’