Heinz, Rockstar Both Face ‘Made In USA’ Class Action Lawsuits

Two nearly identical putative class action lawsuits claim that both the energy drink manufacturer Rockstar and condiment maker H.J. Heinz violated California’s consumer protection laws by labeling their products as “manufactured in the U.S.A.”

The Made in the USA class action lawsuits, filed by lead plaintiff Suzanne Alaei of California, claims that when making the decision to purchase said products, she took into account the label that promoted the food items as made in America.

According to the Heinz class action lawsuit, Alaei paid a premium of $6.29 for a bottle of Heinz 57 Sauce that was advertised as “manufactured in U.S.A.” However, Alaei claims that the product was actually made and/or contained components made outside of the United States.

Alaei claims that Heinz violated State of California laws which state that it is unlawful for any person, firm, corporation or association to sell merchandise that is labeled as “Made in U.S.A.,” “Made in America, “ U.S.A.,” or similar words when the merchandise has been entirely or substantially made, manufactured, or produced outside of the United States.

Likewise, the Rockstar class action lawsuit claims that Alaei purchased a sugar-free drink for $2.20 in part because the product was labeled as “Made in The USA” and contained an image of the United States. However, the Rockstar Made in USA class action lawsuit alleges that the drink contains ingredients that are not from the United States.

The plaintiff claims that consumers are vulnerable to this type of deceptive marketing because they have limited knowledge of the components of the product and whether or not they are actually made in the U.S.A. However, many individuals purchase goods made in America because they believe they are buying a superior product while supporting American companies at the same time.

In both of the Made in the U.S.A. class action lawsuits, Alaei is only seeking recovery for economic injury and not requesting recovery for personal injury. As a result, Alaei states that class action lawsuits are the most efficient way to compensate Heinz and Rockstar consumers because the financial damages suffered may be minimal and not enough to pursue litigation as an individual.

If approved, the Made in the U.S.A. class action lawsuits will be open to all Class Members within the State of California who purchased one or more Rockstar or Heinz products that were advertised with a “Made in the U.S.A.” designation that were actually foreign-made and/or composed of foreign-made component parts, within the last four years.

Alaei is represented by Abbas Kazerounian of Kazerouni Law Group APC.

The Heinz Made In The USA Class Action Lawsuit is Suzanne Alaei v. H.J. Heinz Co., et al., Case No. 3:15-cv-02961, in the U.S. District Court for the Southern District of California. The Rockstar Made In The USA Class Action Lawsuit is Suzanne Alaei v. Rockstar Inc., et al., Case No. 3:15-cv-02959, in the U.S. District Court for the Southern District of California.

UPDATE: On Feb. 22, 2016, Kraft Heinz asked a Southern California federal court to toss a proposed consumer class action lawsuit that alleges the company deceived customers by falsely labeling products as “Made In U.S.A.”

UPDATE 2: On Mar. 14, 2016, the Heinz 57 sauce shopper says she’s provided enough facts in the “Made in the U.S.A.” false labeling class action lawsuit to keep the case alive despite the defendants push for dismissal.

UPDATE 3 July 21, 2016: The plaintiff who got a second chance at pleading the Kraft Heinz class action lawsuit is facing a second attempt at dismissal.