Has your company been accused of violating California’s Made in the USA law? The Watkins Firm has more than four decades of experience in defending disputes such as with Made in the USA lawsuits and class action defense in California. California’s Made in the USA law was significantly relaxed a few years ago to come more into alignment with federal statutes. This was expected to relieve a significant number of Court cases in California. The change has not had the desired effect as the number of Made in the USA lawsuits and class actions has increased, not decreased.
In order to qualify for a “Made in the USA” label, “all or virtually all” of a products ingredients or components must be made in the united states. In many cases if the product is completely assembled in the United States and the amount of “foreign content” is “negligible” the product is to be considered as “Made in the USA” according to FTC standards and California law.
If your company is facing a class action or lawsuit due to questions of “Made in the USA” labeling you will need attorneys with extensive expertise in litigation and class action defense. The Watkins Firm has served San Diego business owners and employers for decades. We are experienced attorneys with Made in the USA lawsuits and class action defense in California and take a unique approach to litigation that is designed to resolve things as quickly and efficiently as possible while accomplishing our client’s goals.
Pro-Tip: “There are all kinds of rules and regulations on what they can’t do and what we can’t do in defending it and how we approach that. And every case is different and every settlement and every resolution is different. It’s a different kind of beast. The Judge gets involved. All the attorneys get involved. You have to make sure you’re fair to the people that are part of the class. So it’s very complicated and how you handle it in the beginning and throughout the case is important. You can’t just hire a lawyer to go out there and be really aggressive and expect a great result. All you’re going to end up with is a higher bill and higher risk, and nobody being scared away.
The failure to act immediately is the biggest risk. You get a claim, you get a letter, you get a notice and you don’t take action right away. That’s your opportunity to cure, fix and get out of the way of the PGA case. The lawyers who are hoping to sue you don’t make any money if you act quickly, but if you delay and push back or ignore them, then they gain bigger rights and more motivation.
We do class action defense in many areas, including “Made in the USA,” organic labeling and other types of class actions in a PAGA suit or class action. What are a few of the best defensive strategies. Everybody should know about class certification. You can’t have a class unless you have like people in a like situation that have suffered the same harm. And a lot of times plaintiff lawyers will try to group everyone together in hopes of getting the judge to certify the class, so that it’s assumed that everyone has suffered the same harm. And most consumers don’t each product in the same way. I mean, sometimes the problems that are being alleged are not universal. So we want to fight that right away. And we also want to do our discovery and find out if everybody in the complaint wants to really join this class.
What’s the worst thing that can happen in a class action defense?
Sometimes preventing the certification of the class doesn’t happen and we don’t resolve the matter right away. We don’t have success preventing the class certification and we are in the meat of it and our clients may have some liability. That’s when we have to come up with strategies for settlement and mediation, and which mediators are knowledgeable in the community, in this kind of law, those who have a genuine understanding what is and is not a reasonable resolution. Of course the plaintiff’s lawyers are going to want as much as possible, but what’s fair? What’s reasonable that our clients can afford, what kind of curing measures we can put forward. And knowing that the actual judges that we have and, and how they’ve ruled in the past all help to advise our clients on what’s the best way through this. And that’s the worst case scenario. When we’re sitting there talking about giving away our clients’ money, for honest mistakes, that can be punitive in nature. That’s the hardest. And that’s the worst case scenario. And we try our hardest not to get to that point, but sometimes it does.
What’s the best case scenario?
The best case scenario is when the client gets that notice, that little letter in the mail, they contact us right away, and we check everything out. And if there’s anything wrong, we cure it. We fix it. And before the plaintiffs can even file an action, every possible issue they’ve complained about has been fixed, cured and remedied. So the motivation is denied. From the plaintiff’s council perspective, the big payoff is gone. And once that plaintiff’s lawyer knows that they’re not going to make a lot of money on it, they usually don’t want to spend much time, and the matter resolves quickly in our client’s favor.” – Dan Watkins, Founding Partner
The good news for our clients is there is a strong legal basis to fight these lawsuits and claims ultimately resulting in their dismissal. We invite you to review our podcast Episode 11 – Resolving Business Disputes as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
We will help you to understand the process your case will follow, as well as the class action defense strategies we can employ to protect you and your company. These cases carry substantial financial risk for your company. You can entrust your case to San Diego attorneys with more than four decades of experience and legal skill in disputes and law suits such as Made in the USA lawsuits and class action defense in California.