Lands’ End Falsely Claims ‘Made In USA,’ Class Action Lawsuit Says

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On Wednesday, U.S. Lands’ End Inc. became one in the growing list of retailers hit with a class action lawsuit accusing the companies of falsely labeling foreign made apparel as “Made In the USA,” allowing the items to allegedly be sold at a higher price to consumers.

Lead plaintiff, California consumer Elaine Oxina, filed the Lands’ End class action lawsuit in California federal court on Wednesday. She alleges the online and catalogue-based clothing company sold their apparel under false pretenses that the items and the materials they were made of were from the United States.

“The ‘Made in USA’ claim is prominently printed on the Defendant’s website under Defendant’s description of the apparel products themselves,” the Lands’ End class action lawsuit alleges. “Consumers generally believe that ‘Made in USA’ products are of higher quality than their foreign-manufactured counterparts. Due to Defendants’ scheme to defraud the market, members of the general public were fraudulently induced to purchase Defendant’s products at inflated prices.”

According to the Made in the USA class action lawsuit, Oxina bought a necktie from Lands’ End’s online store in August. She alleges the necktie “was described using the ‘Made in U.S.A.’ country of origin designation, when the product actually was made and/or contained component parts made outside of the United States.” The Lands’ End class action lawsuit says that an inspection of a fabric tag attached to the necktie revealed that the item “is wholly made” in China.

“[T]he Necktie as a whole as well as major components of the necktie, including but not limited to fabric, thread, tags and/or labels are manufactured outside of the United States, contrary to the ‘Made in USA’ claim prominently posted on Defendants’ website, from where Plaintiff purchased the offending necktie,” the Lands’ End class action lawsuit alleges.

Oxina also alleges that the necktie she purchased was of inferior quality because it was not manufactured in the United States. “Plaintiff suffered an ‘injury in fact’ because Plaintiff’s money was taken by Defendant as a result of Defendant’s false ‘Made in USA’ designation set forth on Defendant’s website,” she alleges in her Lands’ End class action lawsuit.

The Made in the USA class action lawsuit accuses Lands’ End of false advertising and of violating of California’s business code. Oxina alleges that U.S. consumers are swayed by marketing suggesting that products are made domestically, and Lands’ End capitalized on this by falsely labeling its items as made domestically.

“Most consumers possess limited knowledge of the likelihood that products, including the component products therein, claimed to be made in the United States are in fact made in foreign countries,” says the Lands’ End class action lawsuit. “This is a material factor in many individuals’ purchasing decisions, as they believe they are purchasing superior goods while supporting American companies and American jobs.”

U.S. Macy’s Inc., Nordstrom Inc. and grocery chain Trader Joe’s Co. are all facing similar Made in the USA class action lawsuits accusing them of falsely claiming their products are made domestically.

Oxina is represented by Abbas Kazerounian and Mona Amini of Kazerouni Law Group APC.

The Lands’ End Made in the USA Class Action Lawsuit is Elaine Oxina v. Lands’ End Inc., Case No. 3:14-cv-02577, in the U.S. District Court for the Southern District of California.

UPDATE: On Feb. 12, 2016, Lands’ End agreed to settle the “Made in the USA” class action lawsuit by offering to issue a full refund to California residents who purchased the “Kids To-Be-Tied Plaid Necktie.”