Judge Tosses Lands’ End ‘Made in USA’ Class Action Lawsuit

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A California federal judge has dismissed a class action lawsuit filed against clothing retailer Lands’ End Inc., alleging that the company falsely claimed its products were “Made in the U.S.A.”

U.S. District Judge Michael M. Anello explained that he tossed the Lands’ End class action lawsuit because plaintiff Elaine Oxina didn’t say that the phrase “Made in the U.S.A” specifically appeared on a necktie she bought from the Lands’ End online store. Judge Anello also said that Oxina didn’t make a claim according to the California Business and Professions Code.

Therefore, the California federal judge said he was dismissing the Lands’ End class action lawsuit without prejudice, which means Oxina has leave to make changes to the lawsuit and refile it, addressing his concerns.

“It is clear and unambiguous that the text of [the California Business and Professions Code] only creates liability where the words ‘Made in U.S.A.,’ or words to that effect, appear on the merchandise, or on the merchandise’s container,” Judge Anello wrote. “It does not create liability for a product that is misleadingly described on a website with the words ‘Made in U.S.A.'”

While Judge Anello said that Oxina certainly is legally able to make allegations against Lands’ End over the necktie, which says “made in China,” he’s not convinced if she has standing to bring claims regarding unpurchased products, for customers who live outside of California as well as injunctive and declaratory relief.

Oxina’s attorney Abbas Kazerounian of the Kazerouni Law Group APC told Law360 that it does plan to amend and refile the Lands’ End class action lawsuit.

The false advertising class action lawsuit was filed by Oxina in October 2014 after she purchased a “Kids To-be-tied Plaid Necktie” on the Lands’ End website.

“At the time of the purchase, the description of the Necktie on [the Lands’ End] website ‘included the words ‘Made in U.S.A’ [sic] country of origin designation,” Oxina claimed in her false advertising class action lawsuit.

“However, the necktie plaintiff received bore a fabric tag with the words ‘Made in China,'” it adds.

Oxina filed this Lands’ End class action lawsuit, proposing to represent a nationwide class “of all purchasers of any Lands’ End apparel product labeled as ‘Made in USA’ that is foreign-made or incorporates foreign-made component parts.”

She charged Lands’ End with violating California’s Consumer Legal Remedies Act (CLRA), Unfair Competition Law (UCL), and False Advertising Law.

California’s Business and Professions Code as well as the CLRA and UCL make it illegal “to sell or offer for sale in [California] any merchandise on which merchandise or on its container there appears the words ‘Made in U.S.A.’ . . . when the merchandise or any article, unit, or part thereof, has been entirely or substantially made, manufactured, or produced outside the United States.”

Oxina is represented by Abbas Kazerounian and Mona Amini of Kazerouni Law Group APC.

Lands’ End is represented by Robert Herrington and Francis Citera of Greenberg Traurig LLP.

The Lands’ End False Advertising Class Action Lawsuit is Elaine Oxina v. Lands’ End Inc., Case No. 3:14-cv-02577, in the U.S. District Court for the Southern District of California.

UPDATE: On Feb. 12, 2016, Lands’ End agreed to settle the “Made in the USA” class action lawsuit by offering to issue a full refund to California residents who purchased the “Kids To-Be-Tied Plaid Necktie.”