In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the tea leaves are actually grown and processed abroad. Among other things, the plaintiffs pointed to Bigelow’s use of term “Manufactured in the USA” on the backs of certain packages.
As we reported last year, one of the key questions in the case is how consumers understand the “manufactured” claim. Bigelow argued that the claim refers only to the tea bags – not to the tea itself – and that the claim was truthful because the bags are made in this country. In contrast, the plaintiffs argued that consumers understand the claim to mean that the tea itself is processed in the USA.
The court granted partial summary judgment to the plaintiffs, rejecting Bigelow’s argument that its “manufactured” claim refers only to the tea bags. The court wrote that “the tea leaves are not only a component part of the tea bag; they are the very essence of the tea bag.” Because the leaves are grown and processed abroad, the court found the “Manufactured in the USA” statement to be literally false.
Read the article.