Consumers cannot prove Home Depot is liable as Whirlpool’s agent for selling washing machines that Whirlpool allegedly falsely labeled as energy efficient, the retailer told a New York federal court Thursday, asking to be released from the consumers’ putative class action.
“Home Depot’s general support for the Energy Star program and display of washing machines bearing an Energy Star logo affixed by Whirlpool do not support a claim against Home Depot,” the company said. “Nor have plaintiffs alleged any facts supporting their conclusory argument that Home Depot was Whirlpool’s agent.”
Home Depot is represented by David R. Kott of McCarter & English LLP.