A consumer moved for partial summary judgment in a class action lawsuit filed against Macy’s Inc. and Citizens of Humanity LLC (COH) for allegedly faking their Made in USA labeling.
Law360 reported on Wednesday plaintiff Louise Clark claimed the companies violated California’s Unfair Competition Law and its Made in the USA statute.
Clark said the companies acknowledged that the $218 pair of COH jeans she bought at Macy’s contained foreign-made parts and alleged that the imported parts included the fabric, thread, buttons and subcomponents of the zipper assembly. Therefore, Clark said the companies are liable under California law.
The partial summary judgment follows Macy’s and COH attempt to have the case, which was filed in June 2014, dismissed. In April, the companies argued that the state statute cited by Clark is antiquated and preempted by the Federal Trade Commission Act, which was amended in 1994 to address Made in USA labels. Their request was denied.