A new class action lawsuit filed in federal court in New Jersey alleges that a defect in the heating, ventilation, and air conditioning (HVAC) system in certain BMW models is causing odor and safety issues.
According to his complaint, Florida resident Sean Parkinson bought a certified pre-owned 2018 BMW 540i in or around June 2021. When the air-conditioning began to blow air into the cabin, a strong vinegar smell came from the HVAC system. He further alleges that when he contacted the dealership about the issue, concerned the issue could have negative health effects for him and his family, a dealership service representative informed him BMW knew of the defect but could not offer any remedy for it.
As alleged in the complaint, a defect allows mold and mildew residue to accumulate in the HVAC system. This buildup, in turn, causes emission of a “moldy, mildewy, or vinegar” odors within the vehicle. Alleged consumer complaints cited in the lawsuit describe the smell as “vinegar” or “stinky feet or stinky cheese.” Parkinson contends the presence of mold “can result in or promote reactions, diseases, symptoms, or other respiratory and health complications in passengers of Class Vehicles[.]”
The complaint alleges the following vehicles are affected:
- BMW 2 Series model years 2014-2021
- BMW 3 Series model years 2014-2021
- BMW 5 Series model years 2014-2021
- BMW 6 Series model years 2021-2021
- BMW 7 Series model 2014-2021
- BMW X3 model years 2014-2021
- BMW X4 model years 2014-2021
- BMW X5 model years 2014-2021
- BMW X6 model years 2014-2021
Parkinson asserts claims of breach of warranty, violation of consumer fraud law, and fraudulent omission. He believes BMW is aware of the defect, citing sources including its own testing, Technical Service Bulletins, and consumer complaints.
The lawsuit seeks remedies including damages.
The case is Sean Parkinson v. BMW of North America, LLC, et al., case number 2:21-cv-20462, in the United States District Court for the District of New Jersey.
Read more about other HVAC odor lawsuits: