False Advertising is Nobody’s Cup of Tea

by: Mindy Abern

In 2020, plaintiffs filed a class action lawsuit against R.C. BIGELOW, Inc. tea company for falsely claiming that some of their teas are made in the USA, when they are actually grown and processed abroad. In that case, plaintiffs referenced Bigelow’s use of ​“Manufactured in the USA” on its packaging. 

At the heart of the case was how consumers understand the term ​“manufactured” in this context. Bigelow argued that ​“manufactured” refers to the tea bags (not the actual tea) and that the claim is true because the bags are, in fact, made in the USA.

Plaintiffs argued that to consumers, ​“manufactured” means that the tea itself is processed in the USA.  To support their position, plaintiffs presented a consumer perception survey.  In 2023, the court allowed that survey to be admitted, over Bigelow’s objection.

Just days ago, the US District Court for the Central District of California granted partial summary judgment to the plaintiffs, rejecting Bigelow’s argument that ​“manufactured” only refers to the tea bags. The court stated that, ​“the tea leaves inside are vital to the tea bags as consumers purchase tea bags for the tea itself” and that, “the tea leaves are not only a component part of the tea bag; they are the very essence of the tea bag.” The court found the ​“Manufactured in the USA” statement to be literally false when the tea leaves are grown and processed abroad.

Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.