New Balance ‘Made In The USA’ Class Action Says Sneakers Not Entirely Made In U.S.

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Update: 

• New Balance USA asked a Massachusetts court to dismiss the class action lawsuit claiming it falsely advertises sneakers as being Made in the USA. 
• The plaintiffs claim New Balance advertises its sneakers as being Made in the USA despite 30% of their components being made outside of the country.They also claim the Federal Trade Commission requires that “virtually all” of a product be made in the USA for a company to claim that it is. 
• New Balance claims it already settled an “identical” complaint in 2019 without admitting liability.
• New Balance argues it has already made the court-ordered changes to its marketing campaign and that allowing the complaint to continue would discourage defendants from settling litigation in the future.

New Balance “Made In USA” Class Action Lawsuit Overview: 

• Who: A class of plaintiffs led by Matthew Cristostomo have filed a class action lawsuit against New Balance Athletics, Inc. 
• Why: Plaintiffs claim New Balance sells sneakers that are prominently marked as “Made in the USA” when they actually outsource up to 30% of their components.
• Where: The class action lawsuit was filed in Massachusetts federal court.

12/23/2021

Sneakers in New Balance Athletics “Made in the USA” line are not actually entirely made in the United States, a new class action lawsuit alleges. 

Plaintiffs, led by Matthew Cristostomo, claim New Balance sells certain sneakers that have up to 30% of their components made outside the United States, despite being prominently marketed as “Made in the USA.” 

The Federal Trade Commission (FTC) requires companies who claim its products are made in the United States be either “all” or “virtually all” made in the country, according to the class action lawsuit. 

“The Sneakers do not satisfy the FTC’s requirements for a ‘Made in the USA’ product,” the class action lawsuit states. “Specifically, imported parts and/or foreign labor make up at least 30 percent of any one of the Sneakers.” 

Meanwhile, Cristostomo claims himself and other plaintiffs would not have purchased, or would have paid less for, the sneakers had they known they were not actually made in the United States. 

“Plaintiffs and members of the Classes were accordingly injured by the price premium they paid for the Sneakers due to Defendant’s misrepresentation that the Sneakers were made in the United States when they were not,” the class action lawsuit states. 

CEO Admitted Sneaker Soles Not Made Domestically, Class Action Alleges

Cristostomo claims a number of New Balance sneakers have either an American flag or the words “Made in USA” embroidered onto their tongues while others are in a category on the company’s web shop named “Footwear Made in the USA.” 

This, despite New Balance’s CEO even previously admitting that the soles of its sneakers are not made domestically, the class action lawsuit alleges. 

New Balance does include a “small print disclaimer” on its website and the underside of its packaging acknowledging the sneakers with the “Made in USA” claims only “contain a domestic value of 70% or greater,” according to the class action lawsuit; however, Cristostomo argues this is not enough to undo its alleged false and misleading advertising. 

“No reasonable consumer would expect that small print language on the underside of a packaging or hid in assorted places on a website contain language inconsistent with the representations that the Sneakers were ‘Made in the USA,’” the class action lawsuit states.

Cristostomo claims New Balance is guilty of, among other things, fraud and unjust enrichment, and in violation of the Magnuson-Moss Warranty Act and New York General Business Law, among other individual state acts. 

Cristostomo wants to represent a nationwide class of consumers who purchased New Balance footwear that was not entirely made in the United States. 

Plaintiffs are demanding a jury trial and requesting injunctive relief along with compensatory, statutory and punitive damages for themselves and all class members. 

New Balance faced a similar class action lawsuit back in 2017 after consumers claimed the company falsely marketed its sneakers as “Made in the USA.” 

Have you purchased New Balance sneakers prominently marked as “Made in the USA”? Let us know in the comments! 

The plaintiffs are represented by James J. Reardon, Jr. of Reardon Scanlon LLP and  L. Timothy Fisher, Sean L. Litteral, Max S. Roberts, Matthew A. Girardi and Julian C. Diamond of Bursor & Fisher, P.A. 

The Class Action Lawsuit is Cristostomo, et al. v. New Balance Athletics, Inc., Case No. 1:21-cv-12095, in the U.S. District Court for the District of Massachusetts.

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