Foul, moldy smells from AC vents threaten health of Toyota owners, lawsuits claim

Foul odors reminiscent of urine or sweaty socks are exposing people in older Toyota vehicles to health and safety risks, a new federal lawsuit claims.

The odors result from a design defect that allows condensation to accumulate in hidden parts of the Toyota vehicles’ air conditioning systems and cultivate microbes, bacteria, mold and fungus, the suit states.

When the air conditioning or heating system is used, occupants are exposed to “foul, noxious and/or toxic odors” and a safety risk “from the mold and other contaminants that are emitted” in the circulated air, the suit says. It notes that exposure to mold can result in allergies, asthma, respiratory issues, upper respiratory problems and immunological reactions.

The suit, filed Oct. 12 in U.S. District Court in Fort Lauderdale, seeks class action status on behalf of anyone who purchased or leased a 2006-2020 Prius, 2017-2020 Prius Prime, 2010-2015 PHV, 2021-2016 Prius C, and 2012-2017 Prius V, all of which have identically designed heating, ventilation, and air conditioning (HVAC) systems.

Lead plaintiff Jose Javier Perez was quoted in the suit as saying that he began noticing a foul smell coming out of the AC vents of his 2020 Prius Prime about a week after buying the vehicle new. At first he thought it was a “new car smell” and would dissipate over a couple of weeks.

Instead, it became worse as summer approached and after a few months began resembling “wet socks,” the suit says. Regular cleaning did not make it go away. Eventually, Perez determined the only solution was to drive with his windows down and constantly use cleaning products and other odor reducers, the suit states.

Another complaint cited in the suit, posted on a problem-solving website, described “an overpowering urine smell” that won’t go away despite numerous clean

ing efforts.

A Toyota spokesman declined to comment on the complaints, saying only in an emailed statement, “Toyota takes customers’ concerns seriously and works hard to deliver a rewarding ownership experience. We stand behind the efficacy and performance of our HVAC systems.”

Filed by Palm Beach Gardens-based Gordon & Partners P.A. and Aventura-based Edelsberg P.A., the lawsuit is one of several similar class action suits filed against Toyota in recent years and follows a September decision by a Miami federal judge not to dismiss a 2018 lawsuit by owners of 2012-2014 Camry models.

Other lawsuits have targeted numerous other Toyota and Lexus models, including 4-Runners, RAV4s, Highlanders, Avalons, Siennas, Venzas and PJ Cruisers.

In the Miami decision, U.S. Judge Frederico Moreno followed a magistrate’s recommendation not to grant Toyota’s motion for summary judgment that would have dismissed the complaint filed on behalf of two lead plaintiffs in the case. The decision, which allows the case to proceed to trial, also threw out charges by a third plaintiff because she did not purchase her Toyota from an authorized dealer.

Both South Florida suits were filed against Toyota Motor Corp., its USA sales division, and Southeast Toyota Distributors LLC. The 2018 suit also names Toyota’s engineering and manufacturing arm as a defendant.

The suits claim that Toyota has known about and failed to repair the defects for years and conspired with Southeast Toyota to conceal the defects to protect the Toyota brand and to avoid repairs and buybacks under the Florida Lemon Laws — all in violation of state laws barring deceptive and unfair trade practices and the federal Racketeer Influenced and Corrupt Organizations (RICO) Act.

In one example, Toyota distributed a misleading Technical Service Bullet that dealers used to inform complaining owners that the odors were “naturally occurring and could not be repaired, under warranty or otherwise,” the 2018 suit alleged.

Owners claimed they suffered economic harm because they paid more for their vehicles than they would have paid if the defect had been disclosed.

Toyota has long known about the defect, U.S. Magistrate Judge Lauren F. Louis concurred in her recommendation to allow the 2018 suit to move forward on the basis that the plaintiffs presented “evidence sufficient to support their theory of intent to defraud.”

A 1997 Technical Service Bulletin acknowledged the presence of microbial growth in the air conditioning system’s evaporator caused by dampness in some vehicles operated in areas with high temperatures and humidity.

Technical service bulletins in 2009 and 2011 acknowledged that a newly designed evaporator would decrease the potential for odor from the air conditioning system.

But beginning in 2013, service bulletins informed dealers that the odors were normal, naturally occurring and related to environmental factors, Louis noted. A 2013 bulletin provided procedures to minimize odors but noted they would not eliminate them.

Despite those messages to dealers, Toyota knew the odors could be eliminated by redesigning the air conditioning system, Louis’ report stated.