The recent Made in the USA class action against Bigelow Teas reveals risks for other San Diego and California businesses who market products that are “Made in the USA”. The case recently certified a class of plaintiffs in the Central District of California case against R.C. Bigelow, Inc. in which the plaintiffs allege misrepresentation. The heart of the case is that tea products marketed as “Manufactured in the USA” are actually grown and processed abroad. Bigelow Teas’ position is that the term “manufactured” only refers to the process of “blending and packaging the tea”
The core issue in the Made in the USA class action against Bigelow Teas is the amount of “components” or “processing” in any product that can be incorporated into the final offering containing the claim of “Made in the USA.” The California “Made in the USA” laws were recently relaxed due to the exponential increase of these cases and the threat to California manufactures associated with Made in the USA class action risks and costs. These changes were also necessary due to the high number of cases clogging California Courts.
Generally speaking, the new law permits “Made in the USA” labeling if the final assembly occurs in the United States and the amount of “foreign content” in the product itself is considered to be “negligible.” The language is not exact and the best news for our class action defense clients is there is now a strong legal basis to mount a strong defense with the ultimate goal of seeking the outright dismissal of the case.
The Watkins Firm has more than 40 years of proven, successful experience at trial as well as defending businesses in “Made in the USA” class action lawsuits. Unfortunately, many of these cases are actually filed under consumer fraud statutes that not only lower the standard for the burden of proof, but open the door to the recovery of plaintiffs’ attorneys fees.
Our attorneys aggressively defend our clients in class action lawsuits and work to resolve the matter early in the case while preventing the certification of the class itself. We work to relieve our clients from the risk of harsh damages such as plaintiffs’ attorneys fees while resolving the dispute or lawsuit in a manner that reflects our client’s goals and objectives.
The recent Made in the USA class action against Bigelow Teas reveals continuing risks for California companies who organically grow or produce products that are “Made in the USA.”
We invite you to review our podcast as well as the strong recommendations of our clients and contact the Watkins Firm and our experienced class action defense attorneys or call 858-535-1511 for a complimentary consultation today. We will aggressively defend those accused of Made in the USA violations and take every possible step to prevent the certification of the class and resolve or seek dismissal of your case.
