Trojan Condoms Class Action Challenges ‘Made in USA’ Label

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The company that manufactures Trojan brand condoms was slapped with a class action lawsuit alleging the company falsely advertises certain condoms as “Made in the U.S.A.” but more than 10 percent of the latex is from foreign sources.

Lead plaintiff Kenric Claiborne says Church & Dwight Co. violate California law mandating that products advertised as “Made in the U.S.A.” must contain no more than five percent of non-domestic parts or the manufacturer must show that they cannot source the material domestically.

He alleges at least two types of Trojan brand condoms, Magnum Thin Ultrasmooth and Magnum Ecstasy Ultrasmooth, are partially made of natural latex from outside of the United States.

According to the class action, Church & Dwight “is a major American manufacturer of household products, including the Trojan brand of male condoms. As of 2006, 69% of condoms purchased in United States drugstores were Trojan brand.”

The plaintiff alleges that while natural latex is produced and available, the United States has no significant domestic natural rubber production. “Despite that it does not produce any significant amounts of natural rubber, the United States is the single largest rubber consumer, using approximately 20% of the global supply…including over $500 million retail value of condoms utilizing imported natural rubber,” says the plaintiff.

Claiborne concludes that the lack of rubber production in the United States requires companies, such as Church & Dwight, to depend on foreign imports of rubber for their products, specifically from southeast Asian countries. Despite this fact, alleges the plaintiff in his class action lawsuit, Trojan condoms are advertised as “Made in U.S.A.”

“Contrary to defendant’s representations, however, the Products are wholly, or at least substantially, manufactured with a component—natural latex—that is produced entirely outside of the United States. Notwithstanding that the Products may contain spermicide, lubricant, anesthetics, or other ancillary components, the only substantial component of the Products, and the component that makes the Products effective as a birth control, is the natural latex,” alleges the plaintiff.

The Trojan condoms class action lawsuit points out that the company manages to include an allergy label for those who have an allergy to natural latex.

“C&D’s misrepresentations were material,” says Claiborne. “Consumers generally believe that ‘Made in U.S.A.’ products are of higher quality than their foreign-manufactured counterparts and that they are produced with higher standards, and by American companies and workers. Consumers are willing to pay a higher price for goods produced with American-sourced components and that are genuinely ‘Made in the U.S.A.’”

The plaintiff seeks to represent a Class of California residents who purchased either Trojan Magnum Thin Ultrasmooth Condoms or Trojan Magnum Ecstasy Ultrasmooth Condoms on or after April 13, 2013 which were advertised as “Made in the U.S.A.” but include latex sourced from foreign countries.

Claiborne is represented by Brian J. Robbins, Kevin A. Seely, Ashley Rifkin and Steven M. McKany of Robbins Arroyo LLP; Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of The Law Office of Jack Fitzgerald PC.

The Trojan Condoms “Made in U.S.A.” Class Action Lawsuit is Kenric Claiborne v. Church & Dwight Co. Inc., Case No. 3:17-cv-00746-L-JLB, in the U.S. District Court for the Southern District of California.