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Malarkey Roofing Lawsuit Explained | What Homeowners Need to Know

Joe DvorakMarch 21, 20265 min read
Malarkey Roofing Lawsuit Explained | What Homeowners Need to Know

Malarkey Roofing Lawsuit Explained: What Homeowners Need to Know

I know this sounds scary when you read the headlines. "Malarkey Roofing Hit with $2.1 Million Fine." Your first thought: should I still use these shingles? Is my roof toxic?

Let me break down what actually happened and what it means for you.

What Was the 2022 Malarkey Fine About?

In 2022, the Oregon Department of Environmental Quality (DEQ) fined Malarkey Manufacturing $2.1 million for violating air quality regulations. Specifically, formaldehyde emissions at their manufacturing facility exceeded Oregon's limits.

This is important: it was a manufacturing facility problem, not a product quality issue.

Formaldehyde is a chemical used in roofing manufacturing (binders, adhesives, etc.). Virtually every asphalt shingle manufacturer uses it. The issue was that Malarkey's facility in Portland, Oregon had ventilation or containment systems that weren't controlling emissions properly. Workers were potentially exposed. The air quality around the facility was worse than regulation allowed.

It was a facility and process issue. Not a "we put poison in shingles" issue.

How Did Malarkey Respond?

Malarkey didn't fight it. They admitted wrongdoing, paid the fine, and immediately implemented corrective measures:

  • Upgraded ventilation systems
  • Improved process containment
  • Implemented additional air quality monitoring
  • Brought in third-party auditors

The company also issued a statement clarifying that the fine related to occupational and community air quality, not product defects. Their shingles aren't unsafe; their manufacturing process needed better controls.

This is actually how the system is supposed to work. Violation found. Fine levied. Company fixes it. Life goes on.

Context: Every Shingle Manufacturer Deals with This

Here's something most homeowners don't know: asphalt roofing manufacturing is regulated tightly because formaldehyde is involved. Every manufacturer—Malarkey, CertainTeed, Atlas, Owens Corning—operates under EPA and state air quality rules.

Violations happen. Mostly, they're minor and corrected. Sometimes they're big enough to make headlines and fines. Malarkey's was public because it was a large fine in a state with strict environmental enforcement.

I've been roofing 20+ years. I've seen competitor manufacturers (I won't name them) have bigger environmental violations and quieter settlements. Malarkey's situation got press, so now homeowners wonder if they should avoid the brand.

Honestly? The transparency is better than the alternative.

Your Shingles Are Safe

If you've got a Malarkey roof on your home, it's fine. The shingles themselves undergo testing. They don't off-gas formaldehyde into your attic. The binders and adhesives are stable once cured.

If formaldehyde were leaching into homes from roofing, we'd see that in indoor air quality studies. We don't. Roofing isn't a residential formaldehyde source—plywood, MDF, particle board in cabinets and furniture are the real culprits.

Your Malarkey roof won't make you sick. Period.

Why I Still Recommend Malarkey

I've installed Malarkey shingles since the early 2000s. I've inspected 20-year-old roofs still performing. I've recommended them to family and friends. That didn't change in 2022 when the fine happened, and it doesn't change now.

Here's why:

Polymer-modified asphalt. Malarkey uses it across their product lines. It flexes in Minnesota's freeze-thaw cycles better than straight asphalt. That's real, measurable durability.

Consistent manufacturing. I've seen manufacturing inconsistency ruin brands. Malarkey's roofs are predictable. That matters when you're betting $20K on a product.

Solid warranty support. Warranty claims are rare. When they do happen, Malarkey handles them fairly. I haven't had a customer screwed by Malarkey's warranty process.

Environmental responsibility. Yeah, they had a violation. But they fixed it. The company is accountable. That's the kind of manufacturer I want to work with.

The Bigger Picture

One violation doesn't erase a 100-year track record. Malarkey's been in business since the early 1900s. They've survived wars, economic crashes, and industry upheaval. A 2022 fine for manufacturing practices is a blip.

Look at their safety record overall. Look at their product recalls (virtually none for residential roofing). Look at real-world performance in the field.

All of it supports what I know from 20 years of installing: Malarkey makes a solid product.

Comparison: Other Recent Roofing Issues

If we're talking environmental/manufacturing issues, Malarkey isn't alone:

CertainTeed (GAF's competitor) has had facility violations in different states. Settlements, improvements, life goes on.

Atlas has had product-related issues in some markets (thermal cracking under extreme conditions). They've addressed them.

Owens Corning has weathered various environmental and product issues over decades.

The point: manufacturing roofing is complicated. Violations and issues happen across the industry. What matters is how companies respond. Malarkey responded well.

What This Means for Your Home

If you're considering a Malarkey roof: go ahead. The shingles are safe and durable.

If you already have one: you're fine. No action needed. Your roof isn't toxic.

If you're paranoid about formaldehyde: understand that your risk from roofing material is functionally zero. Indoor air quality issues come from flooring, insulation, and furnishings—not the roof above them.

The regulatory fine was about protecting workers and surrounding communities during manufacturing. It wasn't about product safety. These are different things.

FAQ

Are Malarkey shingles off-gassing formaldehyde into my home? No. Formaldehyde is bound into the cured asphalt. It doesn't off-gas into living spaces at measurable levels. If it did, we'd see that in indoor air quality studies. We don't.

Did Malarkey knowingly violate environmental rules? They admitted to the violation and paid the fine without legal battle. That suggests it was a process/facility issue rather than intentional malfeasance. They've implemented corrections.

Should I replace my Malarkey roof because of the fine? No. One manufacturing facility violation doesn't make your roof unsafe or defective. If your roof is performing, keep it. Replace when it reaches end of life naturally.

Is CertainTeed or Atlas safer than Malarkey? No. All manufacturers operate under similar regulations. Violations and corrections happen across the industry. Pick based on product performance, not a single fine from one competitor.

How do I know if my indoor air quality is affected? Professional air quality testing exists, but it's expensive ($800–2,000) and rarely warranted for residential roofing concerns. If you have unexplained respiratory issues or feel air quality is a problem, start with your doctor and an indoor air quality auditor—not a roofer.

Should I ask my contractor about the Malarkey fine before installing? Only if you want a conversation about how the industry works. The fine is public knowledge. A good contractor will explain it like I just did: manufacturing facility issue, now corrected, shingles are safe.


Modern Exterior Systems is a women-owned, family-operated roofing and exterior contractor based in Eden Prairie, MN, serving the Twin Cities metro since 2007. Owner Joe Dvorak brings 20+ years of hands-on construction experience, CertainTeed ShingleMaster and Malarkey Emerald certifications, and a LIFETIME workmanship warranty to every project. BBB Accredited with an A+ rating.

Call today: 952-206-6339

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