CHICAGO (Legal Newsline) – Reynolds Consumer Products is asking a federal judge to throw out a class action lawsuit that alleges its foil products aren’t made in the U.S.A.
The suit, filed Jan. 17 in Chicago federal court by attorney Spencer Sheehan, says the bauxite used in Reynolds foil comes from other countries and that no bauxite mined in the U.S. since 1981 has been used for aluminum.
So what, a June 10 motion to dismiss says.
“The raw materials used to make the foil are procured, blended and processed at a Reynolds manufacturing facility in Arkansas,” it says. “The foil is then pressed, spooled, cut and boxed at a Reynolds facility in Kentucky, and the box includes a label stating, ‘Foil Made in U.S.A.’”
The company faces nine claims, including one under the Illinois Consumer Fraud and Deceptive Business Practice Act. It says plaintiff Veronica Shirley fails to allege actual damages, though her suit says she would not have paid what she did for the foil if she knew the truth of where the bauxite came from.
Reynolds cites the dismissal of an ICFA claim in a “made in the USA” case over pet food that allegedly contained foreign-sourced vitamins.
“Although Plaintiff alleges that Reynolds Wrap is sold ‘for no less than $4.99 per 75 square feet,’ she does not allege facts connecting that price to her conclusory allegation that she paid ‘a higher price than it would otherwise be sold for, absent the misleading representations and omissions,’” the company says.
“Plaintiff does not allege what she paid. She does not allege facts providing the required comparison between what she paid and what she would have paid without the ‘Foil Made in U.S.A.’ claim.”