In Benson v. Kwikset Corp, we led a legal team that won significant injunctive relief for false advertising as “Made in USA” in violation of California “Made in USA” requirements and unfair competition/consumer protection law. Kwikset Corp. moved its manufacturing from Anaheim, California to a facility in Mexico yet continued to market their products as “Made in USA” and “All American Made.” After a trial victory in 2001, the Court of Appeal set the decision aside twice. CGL appealed to the California Supreme Court, and in 2010, CGL partner Jonathan Cuneo argued and won a 5 to 2 decision. That decision established the principle that “labels matter” under California’s Unfair Competition and False Advertising laws and is now a landmark of American law.
In Colgan v Leatherman Tool Group, the firm was co-lead counsel in a case that charged the Leatherman Tool Group with inaccurately labeling many of its tools as “Made in USA” when many components were actually made outside the United States. After a hard-fought trial in early 2004, the Superior Court entered a significant corrective advertising program and awarded over $12 million in restitution. Unfortunately, the California Court of Appeals reversed the restitution award in 2006 and remanded the case for modification of the injunctive order. The Superior Court modified the injunction and the case then settled.