At the hearing on Bigelow Tea’s motion to dismiss, Schneider Wallace attorneys argued for the class action lawsuit brought against Bigelow Tea for its misleading use of the term “Manufactured in the USA” for tea grown and processed overseas.

The complaint alleges that Bigelow Tea knowingly purchases foreign-sourced black, green and oolong tea leaves, which are also processed from their raw state overseas. Bigelow labels these foreign-grown and foreign-processed teas as “manufactured in the USA” and “100% American family owned”, which plaintiffs represent is misleading.

“Bigelow deceptively advertises the products in order to exploit strong consumer sentiment for American products,” the class action plaintiffs allege in their complaint. The complaint alleges that consumers are misled into believing the tea leaves are grown and processed in the United States.

The plaintiffs say their reasonable belief that Bigelow’s tea was manufactured in the U.S. was an important factor in their purchase decision, and they allege they lost money as a result of “Bigelow’s misleading, false, unfair, and deceptive practices.” Plaintiffs state that “manufactured in the USA” should mean a product that is processed in the United States exclusively.

Schneider Wallace partner, Jason H. Kim, argued during the hearing that Bigelow Tea’s motion to dismiss fails for several reasons, including because much of the defendant’s tea manufacturing in fact occurs overseas according to a video on Bigelow’s website. 

Consumer Class Action

Schneider Wallace is an experienced class action law firm, handling consumer class actions against misleading or false claims. Companies are obligated to present honest information when selling their products and services and can be held liable for unfair and deceptive practices.  Our lawyers have handled many class action lawsuits related to consumer fraud in a diverse range of products and services across industries. We have more than 20 years of experience achieving class certification and preparing these complex cases for trial.

Schedule an appointment with our team of attorneys in our offices in California, Texas, North Carolina or Puerto Rico. We are a national firm and by partnering with local firms, we can assist clients in any jurisdiction.

Kimberly Banks et al. v. R.C. Bigelow, Inc. et al., 2:20-cv-06208 (U.S. District Court for the Central District of California)