Lands’ End agreed to refund the full price, plus interest, to California buyers of a children’s necktie that its website described as “Made in U.S.A.” but that was labeled “Made in China.” The plaintiff filed the settlement for court approval on Feb. 12, 2016.
The case
Elaine Oxina of Chula Vista, California, bought a “Kids To-Be-Tied Plaid Necktie” from the Lands’ End website in August 2014. The listing included a “Made in U.S.A.” origin designation, but the tie she received had a “Made in China” fabric tag. She sued in October 2014 in federal court in San Diego (Oxina v. Lands’ End, No. 14-cv-2577). Her claims included California’s Consumers Legal Remedies Act, its Unfair Competition Law, and Business and Professions Code § 17533.7, the state’s Made in USA statute.
Settlement terms
- The class covers people who bought the tie in California from Oct. 29, 2010, through Oct. 29, 2014. Lands’ End said that was 38 buyers.
- Each class member gets a 100% refund of the $20 price, plus 10% annual interest from the purchase date, without having to file a claim.
- Lands’ End agreed not to oppose attorneys’ fees and costs of up to $32,500.
The parties signed the agreement on Feb. 10, 2016. Judge Michael M. Anello of the Southern District of California later granted final approval.
Source & credit
Sources: Law360: “Lands’ End Settles ‘Made In USA’ Suit With Full Refunds”, Feb. 16, 2016; Order granting final approval, Oxina v. Lands’ End (S.D. Cal.); Impact Litigation Journal: “Lands’ End Agrees to Close the Loop on Necktie False Advertising Litigation”, Feb. 26, 2016.