American Standard America Inc the manufacturers of the “Champion 4” model toilets has been hit with a class-action lawsuit with thousands of potential class members. Consumers are bringing this nationwide action on behalf of themselves and the putative class against American Standard to recover damages they sustained as a result of defective toilets manufactured and sold by American Standard. Specifically, the Champion 4 brand toilet (the “Champion 4 Toilet”) has a defect in the seal or washer that sits on the flush valve mechanism (the “Flush Valve Seal”). The purpose of the Flush Valve Seal is to prevent water in the holding tank from draining until the user flushes the toilet. In a relatively short period of time, the Flush Valve Seal develops a blister on its surface ranging in size, depending on its severity. The blister on the seal creates a leak path, allowing water to leak down the flush valve mechanism causing a tremendous amount of water loss and increased water bills. The leak path can become so great that it causes the toilet to periodically flush on its own. The defective Champion 4 Toilet caused consumers to sustain damages which include, but are not limited to, repair or replacement costs, increased water bills, diminution in value of the toilet and other related costs.
Even though American Standard is aware of the defect, it has not changed the design of the flush valve mechanism or the composition of the Flush Valve Seal to prevent the defect from occurring. Consumers are bringing this Class Action Complaint to recover the damages sustained as a result of the defective Flush Valve Seal present in the Champion 4 Toilet and to ensure that American Standard remedies the defective Flush Valve Seal on the Champion 4 Toilet and any other products manufactured by utilizing the same defective part.
American Standard expressly warrants the Champion 4 Toilet for 10 years. The warranty states in part: If inspection of this AS America, Inc. (“American Standard®”) plumbing product, inclusive of the chinaware and all mechanical parts, confirms that it is defective in materials or workmanship, American Standard® will repair or, at its option, exchange the product for the same or a similar model.