SAN DIEGO — A consumer has filed a class-action lawsuit against an American household manufacturer for alleged breach of express and implied warranties.
Kenric Claiborne, on behalf of himself, all others similarly situated, and the general public filed a complaint on April 13, in the U.S. District Court for the Southern District of California against Chuch and Dwight Co., Inc. alleging that the defendant violated the Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act.
According to the complaint, the plaintiff alleges that, in July 2016, he purchased condoms from the defendant and relied on the products label claim "Made in USA" when, in fact, non domestic part comprising of natural latex used in the condom constituted more that ten percent of the products' final wholesale value. The plaintiff holds Chuch and Dwight Co., Inc. responsible because the defendant allegedly failed to provide the goods in conformation with affirmation of fact, promises, and description of the goods.
The plaintiff requests a trial by jury and seeks an order compelling to destroy all misleading and deceptive advertising material, and the products' label, attorneys' fees, cost, damages and further relief the Court deems just. He is represented by Brian J. Robbins, Kevin A. Seely, Ashley R. Rifkin and Steven M. McKany of Robbins Arroyo LLP in San Diego.
U.S. District Court for the Southern District of California Case number 3:17-cv-00746