— A Dollar General oil lawsuit has been certified as a class action for customers in 16 states who allege DG Auto SAE 10W-30, DG Auto SAE 10W-40 and DG Auto SAE 30 motor oils are obsolete.
A combination of at least 18 lawsuits, the multidistrict litigation alleges Dollar General places the cheaper obsolete oil next to more expensive oils manufactured by name-brand companies.
According to the plaintiffs, the oil lawsuit was filed because the products can damage vehicles since the oil isn't for use in modern-day engines.
Attorneys for Dollar General argue fine print on the oil bottles clearly says DG Auto SAE 10W-30 and DG Auto SAE 10W-40 oils are “not suitable for use in most gasoline powered automotive engines built after 1988” and “may not provide adequate protection against the build-up of engine sludge.”
In addition, DG Auto SAE 30 oil containers have small print that says, “not suitable for use in most gasoline powered automotive engines built after 1930,” and “use in modern engines may cause unsatisfactory engine performance or equipment harm.”
According to Dollar General, allegations made in the lawsuit aren't sound because all the oils come with warranties, and the company allegedly shouldn't be held responsible just because consumers didn't read the warnings.
Dollar General also says it knew the motor oil was obsolete but didn't see a problem because legitimate consumer markets allegedly exist for the oil. In addition, the company says market research shows many customers keep their vehicles up to 12 years.
The plaintiffs responded by arguing Dollar General had discussed in a 2015 business meeting the possibility of updating the motor oil from API SF to API SN, something that finally occurred between October 2015 and February 2016.
The API SN motor oils are recommended for use in car engines manufactured after 1988. The SF and SA motor oils were reduced in price and moved to separate locations in the lawn and garden sections.
But according to the plaintiffs, the damage was already done because Dollar General sold millions of quarts of the obsolete oil worth $156 million.
The plaintiffs say they suffered legal injuries as result of the obsolete 10W-40, 10W-30, and SAE 30 DG oil and wouldn't have purchased it if the labels wouldn't have been deceptive and if the placement of the products wouldn't have been deceptive.
The judge ruled the plaintiffs proved their case for a class action that now includes unjust enrichment and consumer protection claims for customers in 16 states.
However, Judge Gary A. Fenner decided the plaintiffs failed in their arguments for a nationwide class action over unjust enrichment claims, multistate implied warranty claims and statewide implied warranty claims.
The Dollar General oil lawsuit now includes consumers in the following 16 states who purchased DG SAE 10W-30 or DG SAE 10W-40 for use in vehicles manufactured after 1988, or DG SAE 30 for use in vehicles manufactured after 1930.
California: All consumers who purchased the affected oil since February 8, 2012.
Colorado: All consumers who purchased the affected oil since February 15, 2013.
Florida: All consumers who purchased the affected oil at any time.
Illinois: All consumers who purchased the affected oil since since February 15, 2013.
Kansas: All consumers who purchased the affected oil since February 2013.
Kentucky: All consumers who purchased the affected oil since February 15, 2014.
Maryland: All consumers who purchased the affected oil since December 2011.
Michigan: All consumers who purchased the affected oil since February 2010.
Minnesota: All consumers who purchased the affected oil since February 15, 2010.
Missouri: All consumers who purchased the affected oil since February 15, 2011.
Nebraska: All consumers who purchased the affected oil since February 2012.
New Jersey: All consumers who purchased the affected oil since December 2009.
New York: All consumers who purchased the affected oil since December 2009.
North Carolina: All consumers who purchased the affected oil since 2010.
Ohio: All consumers who purchased the affected oil since 2011.
Wisconsin: All consumers who purchased the affected oil since from May 8, 2011, to the present.
The Dollar General oil lawsuit was filed in the U.S. District Court for the Western District of Missouri - IN RE: Dollar General Corp. Motor Oil Marketing and Sales Practices Litigation.
The multidistrict litigation includes the following cases:
- Wait v. Dollar General Corporation, et al.
- Vega v. Dolgencorp, LLC
- Brown v. Dollar General Corporation, et al.
- Barfoot, et al. v. Dolgencorp, LLC
- Solis v. Dollar General, et al.
- Meyer v. Dollar General Corporation, et al.
- Foppe v. Dollar General Corporation, et al.
- Mccormick v. Dolgencorp, LLC
- Gooel v. Dolgencorp, LLC
- Sheehy v. Dollar General Corporation, et al.
- Oren v. Dollar General Corporation, et al.
- Harvey v. Dollar General Corporation, et al.
- Flinn v. Dolgencorp, LLC
- Gadson v. Dolgencorp, LLC
- Fruhling v. Dollar General Corporation, et al..
- Sisemore v. Dolgencorp, LLC
- Deck v. Dollar General Corporation
- Hill v. Dolgencorp, LLC
