Behr Wood Sealant Products Class Action Settlement of $107.5 Million Announced by Law Firm of Stritmatter, Kessler, Whelan, Withey & Coluccio.

Business Editors/Legal Writers

SEATTLE--(BUSINESS WIRE)--Oct. 30, 2002

Consumers May Benefit From Nationwide Class Action Settlement

The law firms of Stritmatter, Kessler, Whelan, Withey & Coluccio and Tousley Brain Stephens PLLC announced today that a Court ordered notification campaign and claims process begins today directed to consumers who purchased and applied to an exterior wood surface either Super Liquid Raw-Hide or Natural Seal Plus Wood sealant products manufactured by Behr Process Corporation ("Behr").

These consumers may be eligible to receive cash compensation and other benefits according to a Settlement pending in the Superior Court of California in and for the County of San Joaquin in the consolidated class action proceeding In re Behr Wood Sealant Cases, Judicial Council Coordination Proceeding Nos. 4132 and 4138.

Plaintiffs allege that Defendants falsely advertised and marketed certain Behr wood sealant products as protecting the wood surfaces to which they were applied from mildew and other damage, and pleading causes of action for violations of consumer protection statutes, breach of express and implied warranties, and/or fraudulent concealment/non-disclosure. The Defendants deny these allegations. The Court has not ruled on the merits of the Plaintiffs' claims, or on the defenses asserted by Defendants.

Under the Settlement, which the Court preliminarily approved on October 29, 2002, Behr has agreed to pay up to $107.5 million in cash payments and merchandise certificates for damages associated with the purchase or use of Behr Super Liquid Raw-Hide or Natural Seal Plus sealant products. The type and amount of relief for each claimant depends upon whether a Cash Payment or a Merchandise Certificate is selected by the claimant, the square footage of the affected property, proof of purchase of the Behr Products and the extent of alleged mildew-related damage to exterior wood surfaces, among other factors. Class Counsel's attorneys' fees will be paid in addition to, and not out of, the $107.5 million Settlement.

Settlement Class Members affected by the Settlement are those who purchased and applied to an exterior wood surface either Super Liquid Raw-Hide (product numbers 12, 13, 31-12, and 31-13) or Natural Seal Plus (product numbers 79, 80, 81, 82, 83, 84, 92, 31-79, 31-80, 31-81, 31-82, 31-83, 31-84, 31-92) since January 1, 1991. These Behr Products are wood sealants sold throughout the United States, primarily at major home improvement centers and hardware stores. To determine whether you purchased these Behr Products, check the can label or the invoice or receipt.

Eligible individuals can learn steps necessary to pursue their rights as Settlement Class Members by calling 1-877/637-5997 or visiting www.behrsettlement.com to obtain a Notice of Proposed Class Action Settlement and a Claim Form. Individuals may also request these documents by writing to: Behr Claims, P.O. Box 232, Minneapolis, MN 554440

The court ordered notification campaign includes notices published in newspapers and magazines throughout the United States leading up to a Fairness Hearing on March 6, 2003, when the Court will be asked to decide whether the proposed Settlement should receive final approval. At this time, the Court will consider whether to grant final approval to the proposed Settlement and the Class Counsel's request for attorneys' fees and costs. Class Members have the right to appear at the hearing if they choose.

Class Members may comment on, or object to, the terms of the proposed Settlement by February 7, 2003. The Notice of Proposed Class Action Settlement describes how to submit comments or objections. Settlement Class Members who do not wish to participate in the Settlement or be bound by the Settlement terms must exclude themselves in writing postmarked no later than February 7, 2003 or be barred from prosecuting any legal action against Defendants relating to the settlement claims.

WASHINGTON STATE COUNSEL FOR PLAINTIFFS WILL HOLD A NEWS CONFERENCE WEDNESDAY, OCTOBER 30 AT 10 A.M. TO REVIEW THE TERMS OF THE SETTLEMENT, DESCRIBE THE IMPORTANCE OF THE SETTLEMENT FOR CONSUMERS AND ANSWER MEDIA QUESTIONS. THE NEWS CONFERENCE WILL BE HELD AT THE OFFICES OF STRITMATTER, KESSLER, WHELAN, WITHEY & COLUCCIO, 200 SECOND AVENUE WEST, SEATTLE. CONTACT: MICHAEL E. WITHEY, 206/448-1777.

CALIFORNIA COUNSEL FOR PLAINTIFFS WILL HOLD A NEWS CONFERENCE WEDNESDAY, OCTOBER 30 AT 10 A.M. TO REVIEW THE TERMS OF THE SETTLEMENT, DESCRIBE THE IMPORTANCE OF THE SETTLEMENT FOR CONSUMERS AND ANSWER MEDIA QUESTIONS. THE NEWS CONFERENCE WILL BE HELD AT THE OFFICES OF LIEFF, CABRASER, HEIMANN & BERNSTEIN LLP, 275 BATTERY ST., 30th FLOOR, SAN FRANCISCO. CONTACT: LISA LEEBOVE, 415/956-1000.