A federal judge is allowing deceptive marketing claims to proceed against New Balance’s “Made in the USA” shoe collection partially made with foreign parts, finding that the plaintiffs plausibly alleged that the company may not be in full compliance with a California-based settlement, among other allegations.
Six plaintiffs, led by Matthew Cristostomo, brought 14 claims against New Balance Athletics in U.S. District Court for the District of Massachusetts, alleging deceptive advertising, unjust enrichment, a violation of the Magnuson-Moss Warranty Act, among other claims. In their class action complaint, the plaintiffs allege that any “reasonable consumer” would not expect a shoe labeled as “Made in America” to contain up to 30% foreign content.
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