Class Action Challenges Trojan Condoms ‘Made in USA’ Claims

Trojan condoms are the latest products that bear a “Made in USA” label that may not be completely made in the USA of domestic materials. Trojan condoms join Citizens of Humanity jeans and AG Adriano Goldschmied jeans as the subject of recent class action lawsuits by California consumers.

Stan Zakinov, a California resident, brought forth allegations on behalf of a proposed Class against Church & Dwight Co. Inc for violating California’s “Made in USA” labeling laws. Zakinov alleges that the condoms he purchased from Amazon were made of foreign components and should not have had a “Made in USA” label on the package.

The plaintiff stated that he purchased the product because of the product label indicating “Made in USA.” Zakinov said had he known that the Trojan condoms would be manufactured with foreign products, he would not have purchased them and would not have paid a premium for the goods.

Zakinov stated, as many consumers do, that purchasing a product with a “Made in USA” label implies superiority and high quality. He said he believed he was supporting jobs in the United States and supporting the domestic economy as well as ethical conditions for company workers.

Additionally, Zakinov asserts that components made in the USA are required to meet strict requirements for safety, environmental and labor standards. Such standards are not required for foreign made components, and many times, the quality of foreign components may be less than those made in the United States.

Made in USA Labeling Laws

The labeling laws for products differ at the federal and state levels. In California, where Zakinov resides, the law requires that all components made to use a product be made in the United States to display a “Made in USA” label.

Federal law takes a more lenient approach and allows products to use the “Made in USA” label if the product was “all or virtually all” made in the USA but it can include foreign components.

“Made in USA” Case Precedent

In January 2011, the California Superior Court stated the following in the Kwikset v. Superior Court case:

“Simply stated: labels matter. The marketing industry is based on the premise that labels matter, that consumers will choose one product over another similar product based on its label and various tangible and intangible qualities that may come to associate with a particular source. … In particular, to some consumers, the ‘Made in U.S.A.’ label matters. A range of motivations may fuel this preference, from the desire to support domestic jobs to beliefs about quality, to concerns about overseas environmental or labor conditions, to simple patriotism. The Legislature has recognized the materiality of this representation by specifically outlawing deceptive and fraudulent “Made in America” representations.”

This case has opened the gates for more Made in USA lawsuits to be considered in the courts. As mentioned, two designer jeans companies and now Church & Dwight’s personal products company are among the class action lawsuits currently being reviewed in the courts.

Zakinov is represented by Abbas Kazerounian of Kazerouni Law Group.

The Trojan Made in USA Class Action Lawsuit is Zakinov v. Church & Dwight Co. Inc., Case No. 3:15-cv-01992, in the U.S. District Court for the Southern District of California.