Nature’s Way ‘Made in USA’ Class Action Survives Motion to Dismiss

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A class action lawsuit over the “Made in USA” labeling on Nature’s Way products will continue following a federal judge’s denial of a motion to dismiss.

U.S. District Judge Sara L. Ellis allowed plaintiff Angel McDonnell to proceed on her claims for unjust enrichment and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act.

These claims accuse defendant Nature’s Way of falsely labeling its Women’s Alive vitamin supplements as “Made in USA.”

The judge rejected Nature’s Way’s arguments that McDonnell failed to back up her ICFA and unjust enrichment claims with sufficiently specific allegations, and that she neglected to allege any actual pecuniary loss.

Judge Ellis was also not persuaded by Nature’s Way’s argument that McDonnell does not have standing to pursue claims based on the laws of states other than her home state of Illinois. Noting a split among courts on this issue, the judge concluded that requiring McDonnell to establish standing at the pleading stage would be premature.

The surviving claims will address only Women’s Alive and not any other Nature’s Way supplements, however. Though it’s possible for a plaintiff to bring claims related to products similar to those she actually bought, Judge Ellis noted that McDonnell makes only vague references to other Nature’s Way products.

McDonnell does not allege she bought these other products, nor does she specify which products she’s referring to, the judge said. Therefore the judge dismissed her claims as to those products.

Judge Ellis dismissed McDonnell’s claim for injunctive relief under the Illinois Uniform Deceptive Trade Practices Act. The UDTPA provides for injunctive relief only if the plaintiff can show that she will continue to be harmed if the defendant continues the disputed conduct.

That’s not the case here, Judge Ellis determined, because McDonnell does not allege she has any intention of buying Nature’s Way products in the future. Also, she is now presumably aware of the allegedly deceptive labeling, and therefore she’s not in danger of being deceived by it again, the judge said.

Judge Ellis also denied Nature’s Ways’ motion to strike McDonnell’s demand for a jury trial. The judge took note of Nature’s Way’s argument that McDonnell would have no particular right to a jury trial had she brought her claims in an Illinois state court.

But in federal court, the judge noted, a plaintiff’s right to a jury trial is governed by federal procedural law, not state law. The Seventh Amendment gives McDonnell a right to a jury trial in civil claims like this one where the plaintiff seeks monetary damages.

In her Nature’s Way class action lawsuit filed last year, McDonnell alleged Nature’s Way has been falsely labeling its Women’s Alive vitamin supplements as “Made in USA” when in fact they contain foreign-sourced vitamin C.

That vitamin C is a “significant part” of the final product, McDonnell says, and therefore the “Made in USA” labeling  runs afoul of Federal Trade Commission guidelines.

McDonnell is represented by John E. Norris, Frank Davis, Wesley W. Barnett, Dargan Ware and Kristan Rivers of Davis & Norris LLP; and Gerald Bekkerman and Jennifer Bekkerman of  Bekkerman Law Offices LLC.

The Nature’s Way “Made in USA” Class Action Lawsuit is Angel McDonnell v. Nature’s Way Products LLC, et al., Case No. 1:16-cv-05011, in the U.S. District Court for the Northern District of Illinois, Eastern Division.