Class action against ChoiceDek maker, distributor

Our latest report on decking materials found that several composite-decking products were especially prone to mildew growth.

One composite product, ChoiceDek, reportedly has faced such mold- and mildew-growth problems that a class-action claim targeted Advanced Environmental Recycling Technologies (AERT) and Weyerhaeuser, respectively the manufacturer and distributor of ChoiceDek, which is sold only at Lowe's. (The firms representing the plaintiffs are also investigating Trex, the biggest player in composite decking, for acknowledged "surface defects" in some products manufactured from 2003 to mid-2006.)

Composite decking, developed in the early 1990s, is made of wood and either virgin or recycled plastic. An attraction for homeowners is a woodlike appearance without the periodic refinishing that wood decks require. Some composite decking is treated with UV and mildew inhibitors, although in our tests even unfinished wood as a category resisted mildew growth better than composite materials.

The plaintiffs in the class action include owners of ChoiceDek products originally purchased from 2004 through 2007, a group estimated in the tens of thousands. The suit charges that ChoiceDek decking develops "persistent fungal and mold growth" even when installed and maintained as directed. In addition, it claims the defendants knew of the problem, misrepresented the decking by using such terms as "virtually maintenance free" (found in the ChoiceDek FAQ), and worded its limited lifetime warranty to exclude the specific problems experienced by the plaintiffs.

(The Consumer Reports testing photo above shows ChoiceDek subjected to a number of different testing methods in three locations. The decking in the left column depicts unexposed material stored in our lab; the middle column, after one year in a humid environment (Florida); and the right, one year in an arid location (Arizona). The five rows from top to bottom represent the following conditions: unwashed; washed with water and a brush; washed with OxiClean and a brush; washed with Behr wood cleaner; and cleaned with a pressure washer. The spots and discoloration in the middle column are mildew.)

Plaintiffs' experiences noted in the complaint describe decking that within a year developed noticeably large gray and black spots and other discoloration. The growth in the four cases noted reappeared soon after cleaning—even in two instances when AERT sent professional cleaners to do the job.

While both AERT and Weyerhaeuser denied the allegations in the class action, they recently initiated a settlement. Call AERT at 800-951-5117 or 479-756-7400 if you have a concern about ChoiceDek products installed at your home. An AERT spokesperson for the company says the pending solution "will resolve all customer-care matters."

Stay tuned for the settlement terms, which we'll post once any deals are struck.—Ed Perratore

Essential information: To find the best decking, see how a particular material we tested performed in our Ratings of decking (available to subscribers). Also learn how to choose a decking material, read about the different decking types, and keep your deck safe and in tiptop condition. Check out our brand-new Home Improvement Guide interactive, which offers buying advice on appliances, tools, and building materials for every area of your home.

Comments

[frank Borrelli]

I have been a subscriber for years and need info on house stains
How can I sign in or get latest info ?

Frank Borrelli
2713 Ridgeway Ave
Rochester, New York 14626
Phone 5852252753

[Juanita Young]

Thanks. You just saved me from buying this material at Lowe's. Unfortunately, in our small town, we have Lowe's not a Home Depot that carries the veranda line. I guess it will be worth it to have to drive 45 minutes to pick up the supplies, then to have trouble with materials bought at a local store.

[Ellen Kinzer]

I had a Timbertech composite deck installed in the spring of '03. It is a very large deck. I have had the same mold spot problems as the Choice Dek had. I complained to the Timbertech company and all they did was tell me I had to keep it cleaner, and that the warranty does NOT cover mold. This deck cost me $17,000 and is a frustrating, infuriating, fraud of massive proportions. I clean and pressure wash it 5 times a summer, sanitize, and seal it annually. Furthermore, the intensive cleaning of the composite has deteriorated the paint on my painted rails to the point where I must paint them annually or biannually. Timbertech needs to be responsible for this travesty, but I am too small alone to take them on. Any class action against Timbertech?

I know the composite companies are running scared from their product failures. They have come out with "new" improved composites, or even 100% plastics.

I am one of the unfortunate owners of "first generation" faulty composite decking. Need advice.
Ellen Kinzer
Fort Wayne, Indiana

[Mary Grable]

I purchased a Choicedek in 2007, within a month of installation the deck started to develop mold. When I purchased the July 2008 issue of Consumer Reports I was disappointed to see that Consumer Reports did not seem to grasp the severity of the problem. In fact, Choicedek received many "very good" ratings. I will no longer rely on Consumer Reports to accurately review a product, when they were so wrong with this particular product.

[Mike Marshall]

Good post, Mary Grable. I agree completely.
Another problem I have with Choicedek is the amount of heat it absorbs on a hot day, much more then wood. My bare feet were immediatly burnt. Small children? Outch!

Mike from Olympia, Washington.

[Tony]

There is a company that has a product and a protocol for cleaning composite decks that works great. They came out treated my deck and i have not had a problem for over 6 months. They are in florida but have national coverage. their number is 888-744-5758

[Al from Tacoma, WA]

The mold is not removable with any cleaning products, it becomes an ingrained discoloring stain. If it were wood the only solution might be to sand it out. But with composite that is not possible. I am a part of the litigation. I bought ChoiceDek and tried cleaning vigorously to remove the mold spots using recommended methods and other cleaners. But now I'm conserned AERT may not be in business long enough to rectify the damage.

[John Biondi]

Trex decking is no better. I have had two very large Trex decks replaced twice due to decomposing of the Trex material since 2005. They need replacement again. In all three instances Trex gave me the run around and only accepted responsibility after complaints were filed with the Arizona Registrar Of Contractors office. The decks start turning to sawdust in about a year and continue to decompose.

[Ron Greenfield]

I have spent over $12,000 to buy ChoiceDek from Lowe's in Oklahoma City and paid the labor to have it installed. It is covered with Black Mold and I cannot find any products to take it back to the original look. I built a six foot fence out of this product and it has black mold as well. If you get any dirt stains on this decking it is impossible to clean as well. I am truly unhappy with my decks and fence.

[Deck Guy]

The stains on the ChoiceDek “Consumer Reports testing photo” (above) in the “middle column” appear to be mold stains, and not "mildew." Although commonly confused, mold result’s is black circular stains that generally range from about the size of a dime, to a quarter until the composite surface becomes covered if neglected. "Mildew" is generally a white and sometimes gray silky or powdery coating that appears on composites. “Mildew” is not as common as mold is on composites.

Mold spores blow around in the air. Where they land, is any persons guess. Mold growth on composites can generally be found where mold spore counts are high and they receive moisture. For where this is likely in your area, please see the following Weather Channel links for “Mold Spores” & “National Forecast Fungus growth and the stains it leaves behind are generally considered an “Act of Nature.” This may help people better understand why mold grew on the test boards from the “humid environment” in “(Florida)” and not on the test boards from the “arid location (Arizona)” or the “unexposed material stored in our lab”.

One thing is for sure, when mold spores land on composites most materials and receive moisture (humidity, rain, morning dew, etc.), they live, grow and leave an ugly stain. It is best to clean mold stains with a proven, recommended cleaner as soon as they are noticed. Unfortunately, both of the products used by consumer reports are not recommended by ChoiceDek for cleaning the material they manufacturer.

The second biggest mistake people and companies make when cleaning composites is recommending and using chlorine bleach or other sodium hypochlorite containing biocides for cleaning mold. Most use this biocide based on beliefs and not science. Not only is this biocide scientifically proven to exacerbate mold growth (See Oregon State Scientific Study; “Ability of bleach and other biocides to remove or prevent mold growth”), but it is highly corrosive to structural metal fasteners and connectors supporting and holding composites together, it is unhealthy to breath, and polluting to natural waterway it drains into (read any reputable chlorine bleach or sodium hypochlorite containing label directions). Most are not aware or ignore the fact that the United States (US) Environmental Protection Agency and US Occupational Safety & Health Administration do not recommend chlorine bleach or other biocide containing products for cleaning mold.

Any person looking for more information regarding cleaning ChoiceDek or any other brand of composite decking, docking or fencing should consider using a proven product specifically designed and intended only for this purpose. Use of products not specifically designed or intended for this purpose will likely result in unsatisfactory results, as appears to be the case with the products tested by Consumer Reports. Unlike the cleaning products tested by Consumer Reports, Corte Clean Composite Deck, Dock & Fence Cleaner has been named as the only environmentally responsible cleaner in the ChoiceDek settlement. This fact can be found on Page “98” @ http://www.aert.com/Settlement%20Agreement%20-%20ChoiceDek.pdf Corte Clean has also been proven effective and recommended by ChoiceDek’s leading competitors such as TREX, TimberTech, Fiberon, etc.

I sincerely hope that this post saves ChoiceDek and other composite owners much time, money, frustration and aggravation when cleaning their composite, especially when it comes to mold and mildew stains.

[Deck Guy]

This Consummer Reports blog does not post factual information related to the subject?? Does one have to pay to write factual information related to Consummer Reports subjects? Someone at Consummer reports please contact me.

[Bill Fitzgerald]

The claim form that AERT sent out is a joke. They are asking for pictures of the decking taken during the day, then at night. In addition, they ask for date of purchase, proof of gaping, receipts, a photograph of a board showing the manufactuer's date stamp and a long list of cleaning questions.
This is nothing but a delaying tactic to have you throw up your hands and forget about filing for what? All they will do is come out and clean my deck - heck, I can do that!!!

[Mike G]

Deck Guy,
I hate to point this out, but ChoiceDek recommends using a mixture of outdoor bleach and a mild detergent such as Clorox Outdoor Bleach and Dawn Ultra to clean the decking. Here's the website suggesting it : http://www.choicedek.com/products/deck-care/

[Jerry Neal]

we are thinking of using ChoiceDek to replace a pressure treated lumber deck that, with care, has lasted 24 years. Any reason to move forward with Choice Dek? Any advise would hbe helpful

[Jeanne]

This is especially eye opening for me, we installed Choice Dek in April 2005 for all the reasons in the manual and are experiencing the mold but only because the material seems to be bowing in one location. Anyone else experiencing a "softening" of the material leading to bowing and resulting pooling of water?

[Robert Kirby]

I too was astounded to find what I learned was mold on my new deck made with Choicedek. Using information on this site I found the recommended product Corte to be successful initially but that was a solution with a short life. I am now just a few weeks after cleaning the deck purchasing more cleaner for the deck. Any person considering use of this decking product should be aware of this problem and use some other product unless you enjoy covering or protecting all the shrubbery surrounding the deck, purchasing a pressure pump to spray the deck and then adding in the time of rinsing the deck. In North Carolina the mold in my case returned in a few weeks.

[Debbie]

I also am having mold problems.Has anyone found anything to clean it with? I called the AERT help line and was told to get JoMack deck cleaner from Lowe's..they said it was acid based and should clean the mold ....it was a joke.Did nothing to help. I have done a few bleach spot tests and it seems to do pretty good. I was wondering if anyone else had tried it? Also to the deck guy....you said that mold spores are in the air and this is an act of nature?Can you tell me why some of my deck is covered with mold and part of it that was purchased a few weeks later from a different batch and installed the same way is not?? If anyone has any help please let me know.Thanks

[Jennifer/Lincoln Park, MI]

Stay as far away from this product as possible. Deck built in June 2006. Mold issues the same as everyone else. After much complaining via letters (that included pictures) and phone calls to AERT, they sent a rep out to see the deck. The rep stated I only had a "slight" mold problem. The mold covered 90% of my deck! I told the rep I was concerned because two of my grandchildren have asthma. He told me not to worry because this was not the "toxic" kind of mold. You can't imagine how happy I was to find out that I had the "good" mold, as opposed to the "bad" mold. He told me the mold was because the boards were too close together. I told him that they were the correct width apart when built, but the boards swelled. I asked the rep that if the mold was because the boards were too close, why do I have mold on my top and bottom rails. The rep said, and I quote, "It jumps." The sent someone out to clean my deck. They cleaned my 14x16 deck with 4 gallons of outdoor bleach! Besides the smell being choking, the spots were back in 4 weeks. No one will take responsibility for this garbage, and I agree with Bill that the claim form is a joke. Everyone, save yourself a lot of money and aggravation and don't buy this product. Stick with wood. At least you know what you're getting.

[Steve T]

Mold is airborne, it can grow on anything and anywhere it finds a home. Seriously this is not an uncommon thing, all decking boards are at risk of growing mold on it once the spores attach themselves to any product. The thing is that Choicedek is standing by their product and taking care of the problem by cleaning the decks. I don't see any other company stepping up and doing a job like this for their customers. Great job Choicedek in trying to make your customers happy. Hopefully they will realize that you guys stepped up in a case where it is a NATURAL occurrence and still took care of your product. Most companies would not have covered anything that was a natural occurrence.

[Debbie]

Steve T.If this is a natural accurance then why is it not over all of my deck? We built in sections...some only 2 weeks apart.The first and biggest part is covered in mold the smaller part built 2 weeks later is not.Please explain that to me.

[Debbie]

After using the recommened deck cleaner JoMack..which did nothing.I opted to use clorox (as recommened on the web site) I was so embarrased by the appearence of my deck I had to do something.After about 4 hours of work and even thou the clorox did bleach out the color it took the mold off pretty good.I could live with it.Then just yesterday, only about 2 weeks after cleaning you can see the mold spots coming back. I am so frustrated.Any suggestions? Please help!!