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