Sage Datko  |  June 24, 2020

Category: Beverages

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Consumer Legal Remedies Act

According to some consumers, popular tea company Bigelow Tea may be violating the Consumer Legal Remedies Act (CLRA) by falsely advertising its tea products as being made in the U.S.A., when some ingredients in the company’s teas may be made outside of the U.S.

What Is the Consumer Legal Remedies Act?

The Consumer Legal Remedies Act was enacted in 1970 in order to protect consumers from being taken advantage of by unfair business practices and false advertising. In addition to prohibiting deceptive practices and advertising, the law also allows victims to sue companies who violate the act for damages.

What Is Prohibited Under the CLRA?

The CLRA prohibits many types of deceptive actions by retailers and other businesses. These prohibited actions may include passing off counterfeit items as the real deal, misrepresenting who has created a product or conducted a service, mislabeling used goods in order to sell them as new, recommending replacement or repair of items with the knowledge that these actions are unnecessary, making false or misleading statements about a company’s own products or, making false or misleading statements about a competitor’s products.

Other prohibited actions may include misrepresenting an affiliation or endorsement from a sponsor, misconstruing the quality or grade of goods, advertising goods or services with the intent of intentionally reducing the supply available, or misrepresenting goods that may need to be assembled by the customer after purchase. Under the CLRA, companies are also prohibited from robocalling non-customers, or contacting them using an autodialing system and a pre-recorded message.

What Is Bigelow Tea?

Bigelow Tea is the number one tea company in the U.S., with 24 percent of the country’s tea market share. The company employs approximately 350 employees and produces around 1.7 billion tea bags in more than 130 varieties each year. It has been family owned for three generations, or over 70 years. However, some consumers claim that the popular tea company may be misrepresenting its products.

Is Bigelow Tea Guilty of False Advertising?

According to some consumers, Bigelow Tea may be falsely advertising its products. Bigelow Tea claims to be an American tea company, owned by an American family, that produces tea for American consumers. However, despite the patriotism pronounced in Bigelow Tea’s marketing and advertising, some of the ingredients contained in these products may have been created outside of the U.S.

The front of Bigelow Tea Earl Grey boxes boast about the tea containing real oil of bergamot from Calabria, Italy. Oil of bergamot is used to flavor Earl Grey tea and is an essential ingredient in the product. Consumers who have purchased the tea argue that this advertisement for Italian bergamot proves that Bigelow is in violation of the CLRA and is falsely advertising its products.

Consumer Legal Remedies ActThe Federal Trade Commission (FTC) is in charge of enforcing advertising standards. According to the FTC, in order for a company to claim that a product is made in the U.S.A., the product must be “all or virtually all” made in the United States. “Virtually all” is explained by the FTC to mean that all significant parts and processing that go into the product must be from the U.S. The product must not contain only a negligible amount of foreign content. Additionally, the company making the claim must be able to back it up and prove that the product was created in the U.S. The “Made in the U.S.A.” claim is permitted if the product in question was made in any of the 50 states, the District of Columbia, or the U.S. territories and possessions.

There is no law requiring manufacturers who make products in the U.S. to label these goods as “Made in the USA.” Generally this claim is made as part of an advertisement in order to entice consumers to purchase the product. However, if retailers are falsely claiming that their products are made in the U.S. in order to persuade consumers to purchase them, they may be subject to legal action.

As oil of bergamot is what creates the distinct flavoring Earl Grey tea, consumers claim that the oil is clearly not a negligible ingredient, and is not covered by the CLRA’s allowance for negligible foreign content.

Do Bigelow Tea Bags Contain Plastic?

Many companies use plastic to help seal tea bags shut or keep their shape when exposed to hot water. However, when these bags are left to soak in the water, they may allow dangerous compounds to transfer into the tea. According to Bigelow, the company’s tea bags are made from sustainably sourced paper, are free of chlorine and other harsh chemicals, and are entirely compostable. However, the sleeve that contains the tea bags does contain plastic.

Who Can Sue for Violations of the CLRA?

Consumers who have purchased products that claim to be made in the U.S. but may contain ingredients manufactured out of the country may be eligible to pursue compensation for these products. Speaking to a qualified attorney about your legal options may be the first step towards joining or filing a false advertising lawsuit against Bigelow Tea.

What Damages Can Be Claimed?

Consumers who believe they have been harmed by companies in violation of the Consumer Legal Remedies Act may be able to pursue compensation from these retailers. The damages consumers may be able to collect include the actual monetary costs associated with the misrepresented product, additional punitive damages, and reimbursement for their legal fees. Consumers may also be able to obtain a court order preventing the company from continuing to engage in predatory business practices.

If you believe you have purchased Bigelow Tea that was falsely advertised, you may be eligible to speak with an experienced attorney about your rights under the Consumer Legal Remedies Act and potentially pursue compensation.

Join a Bigelow Tea ‘Made in USA’ Class Action Lawsuit Investigation

If you have purchased one of the Bigelow Tea products listed above, the tea you purchased may not have been made in the USA like the labeling claimed, and you may qualify to participate in a Bigelow Tea ‘Made in USA’ class action lawsuit investigation.

Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize any potential recovery.

Get a Free Case Evaluation

This article is not legal advice. It is presented
for informational purposes only.

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7 thoughts onHow Does the Consumer Legal Remedies Act Fight False Advertising?

  1. Marion Brown says:

    Please add me

  2. Tawana Johnson says:

    Add me

  3. Felicia R Reddick says:

    add me in

  4. Pat Holley says:

    Please add me.

  5. LISA HAWKINS says:

    Please add me

  6. Mrs. Gee says:

    CONSUMERS/PEOPLE/CITIZENS; everybody eats, drinks, use every product out there available to them, we drink Bigelow Tea products, daily, all the time! ADD US. Mrs, Gee

  7. Michelle L Kitts says:

    please add me

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