SAN FRANCISCO (Legal Newsline) - The maker of Reynolds aluminum foil is hoping for a better result in California as it asks a federal judge there to toss a class action lawsuit over its "Made in U.S.A." claims.
The company on March 1 filed a motion to dismiss in U.S. District Court for the Northern District of California as it fights a lawsuit there filed by Zulaika Mayfield and attorneys from three plaintiff firms.
According to Mayfield's class action, she purchased Reynolds Wrap aluminum foil in San Francisco between July 2020 and 2023. She alleges that the product is falsely labeled as "Made in U.S.A." when the "raw materials" for the product were sourced from other countries.
She claims she and other consumers expect the labeling to mean all the raw materials were sourced in America and she relied on the packaging when purchasing the product. Mayfield alleges Reynolds' false and misleading representations caused consumers to pay $4.99 per 75 square feet, which is higher than what similar products not sold in a misleading way are priced.
The claims are similar to another case facing Reynolds in Illinois. Though a judge in 2022 threw out parts of the lawsuit, attorney Spencer Sheehan was allowed to proceed with claims for fraud, unjust enrichment and violation of consumer protections laws of 12 states. The case is still pending.
The company argues the raw materials used to make its foil are blended and processed in Arkansas, then pressed, spooled, cut and boxed in Kentucky, earning it a "Made in U.S.A." status.
"(T)he foil is made entirely in the U.S.A., and Plaintiff alleges no facts to the contrary," the company says.
"The terms 'made' and 'manufacture' describe the physical process of turning raw materials into goods... Plaintiff does not identify any step in the manufacturing process that happens outside the United States."
Chicago judge Elaine Bucklo's order in the other case said allegations that purchasers of Reynolds foil paid more than they would have if the foil had not been marketed as made in the U.S. are good enough to cross the line "from conceivable to plausible."
Robert Herrington and Gregory Nylen of Greenberg Traurig represent Reynolds in California. Plaintiff Mayfield's attorneys are George Granade of Reese LLP in Los Angeles; Michael Reese of Reese LLP in New York City; and Sheehan of Sheehan & Associates PC in Great Neck, New York.