CPM · May/June 2003 · 14

Antifreeze-Coolant Litigation

GM UnderLegal Fire ForDEX-COOL®

RelatedProblemsBy John R. HessEight Class Action Lawsuits—List Growing

TT here are now at least eight statesin which a DEX-COOL®-relatedClass Action Lawsuit has been

filed: Missouri, California, New York,New Jersey, Texas, Illinois (State andFederal), Pennsylvania and Michigan.Defendants include GM, ChevronTexacoand Equilon-Shell (Shell Oil Company),but not all are named in all suits. Theentire (22 page) complaint for the Illinoiscase is posted for download on theplaintiff’s legal firm’s website:cwcd.com/pdf/dexcool_complaint.pdf(Acrobat format).

The allegations vary in the cases, butrange from DEX-COOL being defective,that it failed to perform, that OAT

(Organic Acid Technology) inhibitorscause a greater amount of rust and corro-sion than other inhibitors and that thedefendants knew that it lacked the ade-quate corrosion inhibitors to protect thevehicles’ cooling systems.Is it out of warranty?

The defendants and their attorneysare well aware that their claims are forfailures occurring outside of the vehicle’sstated warranty: 3 years or 36,000 miles.But since the owner’s manual makes ref-erence to the extended life of DEX asbeing 5 years or 100-150,000 miles, theyclaim that that period should constitutethe actual warranty. To be specific, theybelieve GM is in breach of warrantyunder the Magnuson-Moss Act.

Here’s how that’s phrased in theMissouri complaint: “GM gave a writtenwarranty that the Dex-Cool coolant couldremain in the vehicle for 5 years or150,000 miles (100,000 for 1996 vehi-cles), whichever came first. GM breachedits warranty to the plaintiffs and the classbecause all of those vehicles developedrusty sludge in their cooling systems,which required the Dex-Cool to beremoved.”GM’s position

GM has previously stated that theService or Change Interval for DEX is 5years and 150K miles, and that a ServiceInterval is not a warranty. Now they mayhave to argue that point in front of a jury.Of course, they’re not without a strongretort. They can say that if the owner didnot keep up their part of the bargain,namely to keep the cooling system sys-tem full of coolant, GM has no way ofstopping system degradation. They can’tpossibly visit all of their customers once aweek to make sure the maintenance

checks are being performed. And afterall, if the customer let’s the coolant leveldrop, the system is going to overheat.The coolant will eventually fail whetherit’s DEX, Advanced Hybrid or good oldconventional green.

This forces the plaintiff’s attorneys toexplain how the coolant levels wereallowed to get so low. It takes the opera-tor to regularly pick up the hood andcheck the coolant level, along with theoil, tranny and windshield fluid, etc.How do they answer the argument that ifthe coolant level had been maintained tobegin with, the degradation would neverhave gotten started?

They might counter by saying that thecontamination did happen in systemswith an adequate level of coolant. If thecoolant level wasn’t high enough, or ifthe system was extremely low oncoolant, how was the sludge able to buildup on the pressure cap?Five and a half minute video

The Missouri case was airedpublically on May 21, 2003 inColumbus, Ohio by 10TV EyewitnessNews of WBNS-TV. A copy of thatbroadcast can be viewed fromwww.dexcoolcase.com. It includesinterviews with an affected vehicleowner, a mechanic and attorneysrepresenting the plaintiffs. The full webaddress for high speed internet access is:http://streamdata.dispatchbroadcast.com/10tv/2003_05_21_Consumer10_explores_problems_with_GMs_Dex_Cool_048.asx.(Or use the link at www.imcool.com/.)

Class Action litigation has beenfiled against General Motors,ChevronTexaco and Shell OilCompany over one of the“hottest” antifreezes to hit themarket. The attorneys say theproduct is defective and haz-ardous to cooling systems.

Above: On May 21, 2003, DaveKaylor (left), Angela Pace and JimDonovan of Columbus, Ohio’s10TV Eyewitness News (WBNS-TV) debuted the Missouri DEX-COOL lawsuit to the public.

Above: The WBNS-TV video indi-cates that starting in ‘96, GMCJimmy, Chevy Blazer, OldsBravada and S-10 pickups suf-fered from severe cooling systemcorrosion and contamination.

continued on page 17

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CPM · May/June 2003 · 17

DEX-COOL® Controversy

Where’s the Beef?Okay, I’ve now read through the Illinois case several times.

I’ve replayed the TV video several times. I’ve heard lots of com-plaints about the product, both from vehicle owners and serv-ice technicians. Laboratory proof of DEX’s defect, however,appears to be nonexistent. Call me crazy, but I’m still not con-vinced that DEX-COOL is the villain here, or at least not thelone bad guy.

Yes, many specific DEX equipped vehicles have sufferedmajor cooling system corrosion and fouling problems. Yes, GMis probably responsible for a lot of those problems. Yes, GMappears to have grossly mishandled the situation, at least froma customer service standpoint. And yes, the latter has to havecost them dearly by shuttling many good, long term customersover to Ford, DaimlerChrysler and other manufacturers.

But, when I hear a technician say that DEX eats waterpumps, and an attorney say that it promotes rust, I’d sure liketo see some hard evidence of those claims. Plus, they seem tolump in manifold gasket problems that, to my knowledge, aregenerally attributed to causes other than DEX, or at least, DEXalone.

Cool Profit$ Magazine will follow the progress of these casesand any others that come forward. We, along with

continued from page 14

Above: 10TV reporter, Jim Donovan, listens asattorney Dan Owen (Shughart Thomson & Kilroy ofKansas City, MO) explains how contaminationbuilds and plugs the radiator.

Above: Mechanic interviewed in the 10TV videobelieves DEX-COOL eats water pumps. GM says itchanged from conventional antifreeze to OAT DEXin 1996 in and effort to reduce water pump failures.

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continued on page 18

CPM · May/June 2003 · 18

Antifreeze Can’t Do Its Job If There’s Not Enough Of It In The System

aircondition.com, will issue timely emailupdates via our free Heat TransferService Newsletter (HTSN). Sign up at:imcool.com/htsn/subs-form1.htm, or ataircondition.com. You can add or deleteyourself from the list at any time, and thelist is not redistributed to anyone.Intake manifold gasket leaks

What would a discussion about DEX-COOL be without mentioning the 3.1,3.4 and 3.8L V6 intake manifold gasketproblems? But is DEX by itself causing theproblem, or is it the EG (ethylene glycol)operating at excessive engine tempera-tures, poor initial gasket design, warping

manifolds or improper torque on theassembly line? Maybe the plastic (Nylon6,6) portion of the gasket is failing? Couldit be “all of the above?” Technicians havealso been reporting intake manifold gas-ket failures on Ford 4.2L V6s, and thosesystems do not use DEX-COOL. In anycase, GM has now released an enhancedgasket for these applications. It’s some-thing many have been waiting for.Justice (revenge?) by website

Here’s a list of websites with com-plaints about DEX-COOL and GM:www.cwcd.com/dexcool.htmwww.cwcd.com/dexcool_form.htm(Online Evaluation Form—A real attor-ney will evaluate your “case.”)www.petitiononline.com/mod_perl/signed.cgi?GMcnsmrs (online manifoldgasket leak petition site)www.consumeraffairs.com/automo-tive/gm_dexcool.htmlwww.gm-v6lemons.com/ (site aboutproblems with 3.1 and 3.4L V6 engines)www.gm-v6lemons.com/pix.html (pho-tos of manifold gasket problems)www.geocities.com/b_gillie/dexcool_problems.html (site with lots of stories,including those contained in 15 GuestBook pages)

CommentsWe all have our opinions about DEX

and its effect on cooling system corrosionand gasket failures, specifically manifoldintake gasket failures. Below are exam-ples of messages sent to Cool Profit$ andwhat I’ve found posted on various web-sites. Some were edited for clarity. Readthrough and you’ll see the range ofunderstanding, or lack of understanding,and feelings about the subject. Emotionoften overrides knowledge and logic.While many of these posts are from veryupset, non-technical vehicle owners,some were submitted by professionaltechnicians. As as an automotive writer,

continued from page 17

Above: $5000+ in repairs wereattributed to DEX-COOL by thisaffected vehicle owner seen in the10TV video.

Above: 10TV video indicates a GMresponse is that contamination iscaused by owners operating vehi-cles for long periods with a lowcoolant level.

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my goal is to help you and your customers find and learn thetruth.

Comment advising someone with an overheated trans-mission: “Flush your coolant ASAP. If still under warranty, stickwith DeathCool (DexCool...aka pink stuff), as it does NOT dowell under high temp, high heat and air in system, etc. If out ofwarranty consider switching to green.”

Response to the post above: “NO, NO, NO! Do NOTswitch to the green stuff! The seals are not made for using thegreen antifreeze. This can lead to leaks everywhere, head gasketsincluded.

Comment: The secret to Dexcool is to top off with ONLY50/50 You can not top off with straight Dexcool or straight wateror it will turn sludge.”

Comment: “Known that high temps, high pressure andAIR/DIRT in system acts like accelerating catalyst turningDeathCool into acidic gelatinous globs plugging/eating up theinsides of the cooling system.”

Comment: “Everyone make up their own minds on this, butI've been calling it DeathCool after almost losing my 7.4L engineto the stuff. Turned and plugged up my radiator in matter of dayswhile researching thermostat mods and cooling mods.”

Comment: “The radiator no longer has cap and CAN NOTfill cooling system from the radiator anymore. Cap is now onwhat used to be the overflow bottle, which is no longer over-flow, but just another tank for the radiator. Overflow is nowdumped overboard.”

Comment: “We have been using GM products with Dex-cool since 1995 and no problems at all. I have drained and

flushed them within 5 years also (usually due to other service ora failed hose - how's that for a service reminder).

Comment: I drained our 95 Pontiac Transport last month asit had a super small pinhole leak in the plastic side tank. Whenwe had it flushed and the side tank replaced, the shop said thecore was in perfect shape (no build up), so the Dex-Cool seemsto live up to its long life claims.”

DOES A VEHICLE'S OWNER’S MANUAL CONSTITUTE A WARRANTY?

Above: www.gm-v6lemons.com, operated byShawn Bennear of Pennsylvania, has recorded over24,000 hits. Here’s a quote from his site: “This is apersonal plea for help on this litigation. I am hop-ing that some of you might be willing to help me onthis. If anyone would, I would GREATLY appreciateyour story of your gasket failure, cam breakage,dexcool clog, etc.”

INTER-JECT ELECTROLYSIS ARRESTORKeep It Simple!

There are several causes of electrolysis (what carowners call it as they point to the small holes in radi-ator or heater cores). But the main two are corrosionand voltage, usually a result of poor maintenance. Tobest correct these problems, use the methoddescribed below; it’s simple and cost effective!Corrosion by itself will create voltage, and thereforemust be overcome. Voltage can also be caused bypoor grounds on electrical equipment. An example isthe ground wire to the motor becoming corroded atthe connection inside the block. The current must nowfind another path back to the alternator, like throughthe radiator!

The correction: Drain and back flush the systemthoroughly. Add the proper amount of antifreeze andgood water. Then add INTER-JECT ELECTROLYSISARRESTOR. Check the coolant level regularly andkeep the system topped off.

Coolant, as it becomes old, loses its protectivequalities and tends to become acidic. This allows thedifferent metals in the engine to build up corrosion,which then becomes a haven for electric voltage.

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continued on page 20

Antifreeze News

CPM · May/June 2003 · 20

Comment: “Intake manifold gasketmajor leaking. The injector must be serv-iced, the coolant and the engine oil mustbe changed: all of these are related to theintake manifold gasket leak. The diagnoseand evaluation report by the dealer spec-ifies that the leak can cause big internalengine damage! The dealer specified thatif not repaired soon, the engine, the injec-

tors, the emission system, the exhaust sys-tem will be damaged! The repair has beenevaluated at $982.90 (Canadian) plustaxes. There is no confirmation from GMthat the design problem has been elimi-nated and the gasket will last! During myvisit to the dealer, another three cus-tomers were diagnosed with the sameproblem! I think only a legal action (thatwill cost GM more than the cost of therepair itself) can make GM move and ini-tiate a recall! So, maybe a lawyer advice isrequired! I also think that all the peoplethat signed this petition should be able toexchange information (forum/chat) and tobe contacted in case of a legal action.”(Chevrolet Malibu 1998, 77,700 miles)

Comment: “My heater stopped work-ing so I took it into the shop to have itchecked and they changed the thermo-stat. When I got it back it still wasn'tworking right and the next morning thecoolant reservoir was empty. There was-n't any coolant leaking under the van andso I took it back to the mechanic. He toldme that it was the manifold gasket andthat the coolant was leaking into myengine. Now the engine is knocking veryloud and I can't afford to pay @ $1,000to get it fixed and then turn around and

have to do it again because it is a faultydesign. I am afraid to drive it because Ihave heard that it can back fire and causethe van to catch on fire. Something needsto be done NOW!” (1998 Chevy VentureVan)

Comment: “How you can tell theDexcool is shot...Get pH test strips.Health food stores carry them here. IfDexcool pH measures less than 7.0, it'sshot. New, 50/50 mix with distilled water,about 8.2 to 8.5.

You will be lucky if it lasts two years.What a yuk-yuk about GM's statementmixing it with green changes life to 2

Above: Failed gasket on the leftas compared to the new gasketdesign. Arrow points to the slip-page of the plastic portion in theold version.

Above: Shawn Bennear’s caption:“You can see on this cylinderhead that there is a clear ruptureon the left side of the water pas-sage and a small one on the right.The rupture on the left wouldallow coolant into the engine,while the other may allow a littlecoolant on the garage floor.”

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continued from page 19

years. What they meant is the greenboosts the life to 2 years.”

Comment: “BTW: Dex-Cool evapo-rates very, very quickly! You're going tohave to use coolant dye to find the leak orget a pressure test done on the system!”

Comment: “MY opinion is this: Dex-Cool Coolant is better than conventionalantifreeze based upon these reasons:

1.) Slipperier than conventionalantifreeze thus protects & lubricateswater pump better.

2.) Protects aluminum engines & radi-ators better than conventional antifreeze.

3.) Longer life span than conventionalantifreeze (5 years as compared to 2years).

NOTE: all COOLANT does not wearout in the normal sense. Coolant doesloose its protective properties over timejust like engine oil. That's why there isrecharge kits available. Remember thecoolant does not have to be changed just

recharged unless contaminated. Yes Iwould use it in my Bonneville if it wasavailable, but since I own a 92, I'm stuckwith conventional antifreeze for now untilI replace the engine!”

Please read my letter that follows.There’s web version posted atwww.imcool.com/articles/antifreeze-c o o l a n t / D E X -COOL_Request_Proof_Of_Claims.htm.(It’s quicker to go to www.imcool.com/and click on the link.)

Comments are welcome from servicetechs, shop owners, industry manufactur-ers and distributors, including engineersand marketing folks. Send us and emailtelling your fellow Cool Profit$ Magazinereaders what you “know” of DEX-COOL,good or bad. I will distribute the mostpertinent messages in the next issue. Andif you disagree with what’s been writtenso far, please don’t be bashful in pointingout any errors.Below is an open letter to attor-ney Ernest Cory regarding theIllinois Class Action LawsuitJuly 5, 2003Mr. Ernest CoryCory, Watson, Crowder & DeGaris, P.C.2131 Magnolia Ave, Birmingham, AL

Above: GM TSB from March, 2003lists vehicles eligible for newintake manifold gaskets. (Allcame equipped with DEX.)Owners may report apparent oilor coolant leak, and that indica-tions are “spots on the drivewayto having to add fluids.” The list-ed Cause is that the manifold maybe allowing oil, coolant or both toget into the engine. TheCorrection explains that thematerial used in the gasket hasbeen changed the sealing ability.

Above: Petitiononline.com website dedicated to intake manifoldgasket problems. Thousands ofupset customers vent their wrathat DEX-COOL and failing intakemanifold gasket.

COOLANT NEWS

CPM · May/June 2003 · 21

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Coolant Service

CPM · May/June 2003 · 22

Request for Proof of Claims in Illinois DEX-COOL®Class Action LawsuitRe: Your Complaint against GM, Chevron-Texacoand Equilon-Shell at:http://www.cwcd.com/pdf/dexcool_complaint.pdfMr. Cory,While speaking to your receptionist on Thursday the 3rd,I may have understated my interest with your aboveComplaint. Since it greatly affects the operation and liveli-hood of thousands of my readers, I'm writing to requestassistance and offer comments.First, there is a mistake in your complaint on page 9, #33.The title of the presentation made by Jay Dankovich andStede Granger at the MACS 2001 convention was not:"GM and Texaco "Bare All" about DEX-COOL™." I createdthat title for my review of their presentation, which Iattended. The review was published in the Jan/Feb 2001issue of Cool Profit$ Magazine. You can find the article onmy www.imcool.com website at:http://www.imcool.com/articles/antifreeze-coolant/dex-cool-macs2001.htm. I would appreciate your efforts tocorrect the record.Being an independent reporter/writer/editor/publisherwith 32 years involvement in radiators and engine coolingsystems, I'm very interested in your condemnation ofDEX-COOL. Specifically, your claims that it is a "defective"and "hazardous" antifreeze/coolant, that it "causes rustand corrosion to a much greater degree than traditionalcoolants," that the defendants knew that DEX-COOLlacked adequate corrosion inhibitors and that there was a"lack of adequate testing of DEX-COOL," necessitate myinvestigation.The above are in the Complaint starting after subheads "FactsCommon To All Counts, The Defective Nature of DEX-COOL,""Defendants' Knowledge Of And Inadequate Response ToDEX-COOL's Defects" and "Class Action Allegations."Reference: page 6, #s14 & 15, page 7, #s21 & 25, page 8,#s29, 30 and 31, page 9, #32 and page 11, #44.Plus, in Count 1 on page 13, #s48 (b) & (c), you makeadditional serious charges that DEX-COOL is not suitableas an engine coolant, that it will not last 5 years or150,000 miles nor will it meet the quality standards asdeclared by the defendants. The charges are repeated inCounts II through IV.Proof of DEX-COOL defects. I request proof of yourclaims for the items listed above—assuming you are pre-pared to prove them. To my knowledge, no recognizedtesting facility has ever declared DEX-COOL defective,hazardous, etc. If you are correct, the livelihoods of manyof my readers are at risk as they sell and dispense theproduct. Hopefully, you can release some of that proofwithout jeopardizing your Complaint.Urgent interest. As a reporter, my job is to provide unbi-ased information to thousands of engine cooling servicespecialists worldwide. I have been informing them ofantifreeze/coolant technology advances for several years.In fact, I will soon publish an article suggesting that serv-ice shops, as part of their regular inventory, stock a car-boxylate antifreeze like DEX-COOL. Your Complaint castsan ominous shadow over that report, and adds to theurgency of my request.Viable product. Personally, I believe you're wrong aboutDEX-COOL being defective and lacking quality. Millions ofvehicles use it and appear to have no coolant or coolingsystem problems.

continued from page 21

Cooling System Corrosion and Contamination

CPM · May/June 2003 · 23

If you are correct. But, if you prove DEX-COOL to trulybe defective, etc., I will be the first to so inform my read-ers, and to credit your actions appropriately. Besides help-ing vehicle owners enjoy more trouble free driving, youwill have bettered the understanding and subsequentservice given by professional auto shops.Other causes. Some of your charges, like "damaged andleaky cooling system gaskets," "damage to the head gas-kets" and "oil in the engine coolant system," may have noconnection to the quality of DEX-COOL. Most profession-als I know attribute coolant and oil leaks in late model GMgaskets to a particular type of gasket and/or warpage ofengine manifolds, heads or blocks.Entrained air? A failed pressure cap could allow air toenter and remain in a cooling system. Maybe DEX-COOL'sinhibition chemistry is unable to cope with large amountsof entrained air, resulting in severe component corrosion,contamination and eventual fouling of the entire system.In any case, I hope we will all know the truth by the timeyour litigation ends. But preferably, sooner.Your comments are welcome and appreciated.John Hess/Publisher, Cool Profit$ Magazine $$$Look for an update in Issue #53. But again, for moretimely updates, sign up for the Heat TransferService Newsletter at www.imcool.com/.All those (including manufacturers) wishing to com-ment on coolant or gasket failures, or any type ofPattern Failure, please contact us. Email:imcool@imcool.com. Voice/Fax: 800-883-8929, or,707-769-8929.

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