Home Depot sued for $5 million over "misleading" labeling of 4 x 4s

2017-06-27T19:06:00-04:00

The alleged deception: The retailers market and sell the hefty lumber as 4x4s without specifying that the boards actually measure 3½ inches by 3½ inches...The retailers say the allegations are bogus. It is common knowledge and longstanding industry practice, they say, that names such as 2x4 or 4x4 do not describe the width and thickness of those pieces of lumber.

Taking literal interpretations to a new, class-action-lawsuit extreme, a group of men are suing Home Depot and Menard's for failing to specifically label their 4 X 4s as being 3.5" X 3.5" (one can only imagine the litigious hurt and fury when these men discover that Aunt Jemima's Syrup is not made by Aunt Jemima). Even the lawyers representing the men admit that 4 X 4 is a trade name that does not literally represent the dimensions of the 4 X 4s, but make this argument instead:

“It’s difficult to say that for a reasonable consumer, when they walk into a store and they see a label that says 4x4, that that’s simply — quote unquote — a trade name,” Turin said in an interview.

Turin said his clients don’t argue that the retailers’ 4x4s (and, in the Menards case, a 1x6 board as well) are not the correct size under the standards published by the U.S. Department of Commerce. The product labels, however, should disclose that those are “nominal” designations and not actual sizes, Turin said...

Archinect - News

Home Depot sued for $5 million over "misleading" labeling of 4 x 4s