Law360 reports that a number of retailers - including Macy's and Amazon - as well as the Citizens of Humanity jean company must defend themselves in a lawsuit charging that they falsely labeled jeans as "Made in the USA" when they were not.
The story says that U.S. District Judge Janis L. Sammartino ruled that the California law requiring such label accuracy was neither unconstitutional nor superseded by federal law. The defendants had sought to have the case tossed out, but the judge refused.
The judge ruled that the California statute at issue also is not preempted by Federal Trade Commission (FTC) rules. And the story says that the defendants "failed to persuade the judge that California law does not benefit the public and imposes an undue burden on interstate commerce, thereby violating the dormant Commerce Clause."
According to the story, "Plaintiffs Louise Clark and Robyn Marnell filed suit in June, claiming that Citizens of Humanity’s 'boyfriend jeans' include several parts made outside the U.S., including fabric, thread, rivets and buttons, despite being labeled 'Made in the U.S.A.' Other Citizens of Humanity jeans also have zipper parts that are manufactured abroad, the suit says."
The story says that U.S. District Judge Janis L. Sammartino ruled that the California law requiring such label accuracy was neither unconstitutional nor superseded by federal law. The defendants had sought to have the case tossed out, but the judge refused.
The judge ruled that the California statute at issue also is not preempted by Federal Trade Commission (FTC) rules. And the story says that the defendants "failed to persuade the judge that California law does not benefit the public and imposes an undue burden on interstate commerce, thereby violating the dormant Commerce Clause."
According to the story, "Plaintiffs Louise Clark and Robyn Marnell filed suit in June, claiming that Citizens of Humanity’s 'boyfriend jeans' include several parts made outside the U.S., including fabric, thread, rivets and buttons, despite being labeled 'Made in the U.S.A.' Other Citizens of Humanity jeans also have zipper parts that are manufactured abroad, the suit says."
- KC's View:
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I'm always sort of amused when companies and/or people try to defend on technicalities the fact that they've been lying to their customers. As if the technicalities made it okay...
This is a soapbox I've been on for a long time. I believe in Country of Origin Labeling (COOL). I'm in favor of Made in the USA labels as a matter of both marketing savvy and also bolstering American economic self-interests. I also think that companies better do it right, better be accurate in their labeling, and have the materials that will back up their claims.
Anything less is a kind of malpractice.
