Anne Bucher  |  August 2, 2018

Category: Consumer News

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Australian Gold LLC has been hit with a class action lawsuit alleging it labels its Australian Gold Spray Gel with Instant Bronzer and other products with a false representation that they are a “Product of U.S.A.”

Plaintiff Stephanie Bauman filed the Australian Gold class action lawsuit last week in California federal court, seeking to represent herself and a proposed Class of consumers who purchased Australian Gold products labeled as being “Made in the USA” or similar language that are actually foreign made or include foreign components.

In November 2015, Bauman says she purchased Australian Gold Spray Gel with Instant Bronzer, which included a representation on the label that it was a “Product of U.S.A.”

However, the Australian Gold bronzer products include foreign ingredients that constitute more than 10 percent of the final wholesale value of the manufactured product, in violation of California law, the instant bronzer class action lawsuit says.

Bauman points to a number of foreign ingredients contained in the Australian Gold Spray Gel with Instant Bronzer, which she says constitute more than 10 percent of the final wholesale market of the product.

She says component parts that are made in the United States are subject to strict regulatory requirements, while those made outside the United States are not. Therefore, they are potentially more dangerous, of a lower quality and/or less durable than their American-made counterparts, she claims.

The Australian Gold class action lawsuit points to a 2011 court decision (Kwikset v. Superior Court) from the California Supreme Court, which notes that the Made in USA label matters to consumers for a variety of reasons, including beliefs about quality, concerns about environmental or labor conditions in foreign countries, desire to support domestic jobs, and patriotism.

Australian Gold fraudulently concealed the true country of origin of its products in order to charge more for its products and mislead consumers into believing they were actually made in the USA, Bauman alleges.

“Consumers are particularly vulnerable to these deceptive and fraudulent practices,” the Australian Gold class action lawsuit says. Bauman claims that most consumers have limited knowledge that the likelihood of products labeled as being made in the USA are actually manufactured in foreign countries.

“This is a material factor in many individuals’ purchasing decisions, as they believe they are purchasing superior goods while supporting American companies and American jobs,” the Australian Gold class action lawsuit states.

Bauman alleges she and the putative Class Members overpaid for the products, and that if they had known the products were not actually made in the USA, they would not have purchased the products.

“As a consequence of Defendant’s unfair and deceptive practices, Plaintiff and other similarly situated consumers have purchased Defendant’s Class Products under the false impression that the products were actually made in the U.S.A.,” Bauman alleges. She says consumers have purchased thousands, if not millions, of Australian Gold’s allegedly mislabeled products.

The Australian Gold class action lawsuit asserts claims for violations of California’s Consumers Legal Remedies Act, False Advertising Law, Unfair Competition Law, negligent misrepresentation, intentional misrepresentation.

Bauman is represented by Joshua B. Swigart and Yana A. Hart of Hyde & Swigart APC, and by Abbas Kazerounian of Kazerouni Law Group APC.

The Australian Gold Made in USA Class Action Lawsuit is Stephanie Bauman v. Australian Gold LLC, Case No. 3:18-cv-01682-L-BGS, in the U.S. District Court for the Southern District of California.

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20 thoughts onAustralian Gold Class Action Challenges ‘Made in USA’ Labels

  1. Wayne says:

    Please add me. This product and products that say made in USA is what I purchased believing that claim.

  2. Stephanie mitchell says:

    Add me please

  3. Cathy libby says:

    Add me this product and products that say made in USA is what I purchase such a fraud when companies try and gain our money this way

  4. Krista K says:

    Add me please!!

  5. Gwendolyn Hayes says:

    add me. I buy most all things that are Made in the US!!

  6. MATTHEW ARBOGAST says:

    PLEASE ADD ME

    1. Belena Enright says:

      Please add me

  7. Angela Arbogast says:

    PLEASE ADD ME TO LIST

  8. Fred Navarro says:

    Please add me to the lawsuit

  9. Michael Navarro says:

    Please add me to the lawsuit

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