On August 29, 2024, U.S. District Judge Richard Seeborg in San Francisco dismissed a class action claiming Handi-Foil and Jiffy-Foil aluminum pans were falsely labeled Made in USA, the Northern California Record reported on September 3, 2024.
The claim
Plaintiff Brigette Hood argued that although the pans are made from raw aluminum in Illinois, most bauxite, the ore behind aluminum, is mined abroad. She said that made the label misleading under California law.
The ruling
- Handi-Foil pointed to the California safe harbor that allows Made in USA claims when a small share of materials is foreign or cannot be obtained in the USA.
- The judge said the complaint offered “mere legal conclusions” without facts on where Handi-Foil’s aluminum comes from or how much foreign ore it uses.
- He refused to let the plaintiff use discovery to find those facts.
- The dismissal was without prejudice, with 30 days to amend.
“Discovery is not the proper remedy for a deficient complaint based on a plaintiff’s mere hope that liability will arise once discovery commences.”
Judge Richard Seeborg
The same plaintiff brought similar aluminum suits against Walmart and Reynolds in 2024. Handi-Foil later faced a separate case in New York, covered in our New York report.
FAQ
Why was the suit dismissed?
The judge said it lacked facts on where Handi-Foil’s aluminum comes from and how much foreign ore it uses.
Is the case over?
It was dismissed without prejudice, and the plaintiff had 30 days to amend.
What is bauxite?
The ore that aluminum is refined from. Most of it is mined outside the USA.
Source & credit
Source: Northern California Record, September 3, 2024: “Judge crumples class action vs Handi-Foil over ‘Made in USA’ label”, by Jonathan Bilyk.