Litigation

Norton Rose Fulbright: Recent Jeans Case Confirms Harsher ‘Made In USA’ Standards Exist In California

By Lauren Shoor

A California federal district court judge recently provided some clarity on the apparent disparity between California’s “Made in the USA” law and the standard set forth by the Federal Trade Commission.

The Southern District Court of California’s recent decision in Paz v. AG Adriano Goldschmied confirms that California’s “Made in the USA” standard sets forth more stringent requirements than the FTC standard.

In Paz the plaintiff filed a class action complaint against AG Adriano Goldschmied and retailer Nordstrom, alleging that AG falsely labeled its jeans “Made in USA.” The plaintiff alleged that AG’s jeans actually contained fabric, thread, buttons, rivets, and/or certain subcomponents of the zipper manufactured outside of the United States. The plaintiff alleged he relied on the “Made in USA” representation when purchasing the jeans.

The defendants moved to dismiss the complaint on the ground that the Federal Trade Commission Act and the Textile Fiber Products Identification Act preempted plaintiff’s claims.

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