Judge Recommends Dismissing French’s Mustard “Made in USA” Suit Under California’s 5% Rule

A federal magistrate judge has recommended dismissing a proposed class action alleging that McCormick & Company deceptively markets its French’s mustard as made in the USA, Bloomberg Law reported on July 14, 2025. The judge found the plaintiff had not shown the products contained enough foreign ingredients to break California’s “Made in USA” law.

The case

The suit, McCoy v. McCormick & Co., was filed in February 2025 in the U.S. District Court for the Eastern District of California. According to Bloomberg Law, it targeted French’s dijon, honey dijon and yellow mustard labels that say “Crafted and Bottled” in Springfield, Missouri, and “American Flavor in a Bottle.” The plaintiff alleged that key ingredients, mustard seed and turmeric, came from outside the USA.

In findings issued July 11, Magistrate Judge Stanley A. Boone pointed to California’s 2015 safe harbor. It allows a domestic-origin label if foreign ingredients make up no more than 5% of the product’s final wholesale value, or 10% if the maker shows it cannot source them domestically. The judge said the complaint did not address the products’ composition or the value of other ingredients. He recommended giving the plaintiff leave to amend, and the recommendation goes to District Judge Jennifer L. Thurston.

Why it matters for Made in USA

This case shows how origin claims are judged in practice. The label did not literally say “Made in USA,” but plaintiffs argued the overall message implied it. Courts look at the whole label, flags, slogans and place names included.

It also shows that California’s standard is not the same as the FTC’s. The FTC asks whether a product is “all or virtually all” made in the USA, with no more than negligible foreign content. California sets a numeric percentage cap. A brand selling nationally has to satisfy both, and the safest approach is clear wording: “bottled in Missouri,” for example, describes a step, not the origin of every ingredient. Many spices, including turmeric, are not grown at scale in the USA, which is exactly the kind of gap that qualified claims exist to explain.

FAQ

What is California’s Made in USA safe harbor?

Since 2015, California allows a USA-origin claim if foreign ingredients are no more than 5% of the final wholesale value, or 10% if the maker shows they cannot be produced or obtained in the USA.

Was the French’s mustard case dismissed?

A magistrate judge recommended dismissal with leave to amend. A district judge decides whether to accept the recommendation.

Can a label imply Made in USA without saying it?

Yes. Regulators and courts consider the overall impression of a label, including symbols, slogans and place names.