On April 8, a District Judge in Sacramento, CA denied (link accessible to subscribers only) an attempt to dismiss a lawsuit challenging the “Made in the U.S.A.” label on Citizens of Humanity jeans. Consumers brought suit against companies including Macy’s Inc. and Citizens of Humanity claiming that certain jeans contained fabric, zippers, and other parts manufactured abroad, and thus the companies were in violation of a California law that prohibits selling goods with any foreign parts/components using an unqualified “Made in the U.S.A.” label. In allowing the case to proceed, Judge Janis L. Sammartino found that the California law is not preempted by the Constitution or by the
U.S. Federal Trade Commission’s regulations governing “Made in the U.S.A.” labels. As with a similar suit against Nordstrom last year, the Court’s ruling concludes that retailers and manufacturers still should be able to comply with rigorous California requirements even though federal “Made in the U.S.A.” standards are more flexible than the California law.