A Southern California woman whose “Made in USA” lawsuit against Kraft Heinz Foods Co. was dismissed has filed a second amended complaint over the company’s Heinz 57 sauces, Legal Newsline reported on June 28, 2016.
The claims
Suzanne Alaei sued on Jan. 19, 2016, under California’s Unfair Competition Law and Consumers Legal Remedies Act. She said she bought a bottle of Heinz 57 sauce labeled “MFD. In U.S.A.” that contained ingredients made outside the USA, and that she would not have bought it had she known.
The dismissal
Judge Michael M. Anello of the U.S. District Court for the Southern District of California granted Heinz’s motion to dismiss without prejudice. He found Alaei had not pleaded the detailed facts required for fraud-based claims. She did not say where the ingredients were made, or claim the sauce itself was made outside the USA. He also found she lacked standing to sue over products she never bought.
In May, Alaei filed the second amended complaint, which Heinz opposed. It covers three sauces: Heinz 57 Sauce, Heinz 57 Steak Sauce and Heinz 57 Sauce with Honey. A hearing was set for Aug. 1, 2016.
Why California matters
Bonnie Patten of Truth in Advertising told Legal Newsline that California was the only state with a law setting a specific standard for Made in USA labels. She said 26 states have broader laws against deceptive claims about where goods come from, and 21 have no such laws.
Source & credit
Source: Legal Newsline: “Second amended complaint filed against Heinz over ‘Made in the U.S.A.’ label”, June 28, 2016.