Class Action Accuses Wal-Mart of False ‘Made in USA’ Labels

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A class action lawsuit has been filed against Wal-Mart Stores Inc., alleging the company falsely labels imported items as being made in the United States.

Lead plaintiffs Cathy and Randal Johnson filed the class action lawsuit in Illinois federal court. In it, they accuse the retail giant of deceiving its customers by labeling products as “Made in the USA,” “Assembled In the USA,” or “Origin of Components USA” when they are actually imported. The lead plaintiffs characterize themselves as patriotic and therefore prefer to purchase U.S.-made rather than imported goods and are willing to pay a premium to do so.

According to the Wal-Mart class action lawsuit, “[p]laintiffs purchased items from Defendants’ website to be shipped to their home in the Southern District of Illinois.”

“Plaintiffs are unsophisticated consumers who purchased goods from Defendants’ website for household use,” according to the class action lawsuit, which alleges that “[p]laintiffs are also patriotic Americans who, prefer to purchase goods made in the United States rather than imported goods, and are willing to pay a premium for American made goods.”

“On their website,” the class action lawsuit alleges, “Defendants advertise certain products as being ‘Made in the USA,’ ‘Assembled in the USA,’ and ‘Origin of Components USA.’”

“This is part of their overall ‘Made in the USA’ campaign,” say the plaintiffs, “which is the major advertising strategy of Wal-Mart.”

According to the class action lawsuit, Wal-Mart labels products as made in the USA, but the products allegedly come in packaging that indicates they are imported. The plaintiffs also allege that Wal-Mart does not correctly identify imported components to its products.

According to the class action lawsuit, Wal-Mart’s labeling violates Illinois state fraud and consumer laws and is unpatriotic in addition to violating the Uniform Deceptive Trade Practices Act. “Defendants violated [Illinois law] by placing an icon on their website stating that items were made in the USA when, in fact, they were not,” argue the plaintiffs in the Wal-Mart class action lawsuit. “Defendants have violated this section repeatedly and willfully, intentionally using ‘Made in the USA’ labels to confuse and defraud shoppers,” they continue.

The plaintiffs are seeking damages that include the costs they incurred buying and shipping goods that were allegedly falsely designated as “Made in the USA.” They seek to represent a nationwide Class of customers who were also allegedly deceived. According to the class action lawsuit, the Class the plaintiffs describe in their complaint could be large because more than a million people visit Wal-Mart’s website every day.

In their class action lawsuit, the plaintiffs write that they are pursuing this action “to punish defendants and deter it and others similarly situated from their illegal and unpatriotic conduct.”

Cathy and Randal Johnson are represented by D. Todd Mathews of Gori Julian & Associates PC.

The Wal-Mart “Made In The USA” Mislabeling Class Action Lawsuit is Johnson, et al. v. Wal-Mart Stores Inc., et al, Case No. 3:15-cv-00775, in the U.S. District Court for the Southern District of Illinois.