"tougher" and "durable" aren't puffery for shingles

Stern v. Maibec Inc., 2018 WL 1586323, No. 11-cv-3951(PGS)(TJB) (D.N.J. Apr. 2, 2018)Maibec makes eastern white cedar shingles and offers a 50-year limited warranty against wood decay and a warranty against stain failure. Its website touted eastern white cedar as “very durable and requires very little maintenance.” Its brochures claimed: (1) “Timeless. Traditional. And tougher than ever.”; (2) “At [M]aibec, we have spent the last four decades improving the way white cedar shingles are made. Today, they are engineered to be so durable that you just might consider them high tech.”; (3) “Best of all, [M]aibec shingles are guaranteed to last”; and (4) “The fact that they are low maintenance and look even better as they age is just an additional benefit.” Plaintiff Stern alleged that she chose Maibec shingles over a competitor’s based on her understanding that they offered the same warranties and were maintenance…

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