Class Action Claims Not All Pyrex Products Are Made in America as Advertised
Jenkins v. Instant Brands LLC
Filed: February 6, 2023 ◆§ 1:23-cv-00320-JRR
A class action lawsuit alleges Instant Brands has falsely advertised some of its Pyrex kitchenware as made in America.
Maryland
A proposed class action lawsuit alleges Instant Brands has falsely advertised some of its Pyrex kitchenware as made in America.
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The 14-page lawsuit claims that the company promotes its Pyrex products as “American as apple pie,” “proudly made in the U.S.A.” and “quintessential Americana” because of their history of being made entirely in the United States. However, as a result of the COVID-19 pandemic and subsequent demand for kitchenware which the brand’s domestic supply could not meet, some Pyrex products, including its “iconic” measuring cup sets, are now made in China, the suit alleges.
Instant Brands’ “ubiquitous and decades-long marketing campaigns” associate the Pyrex brand with family memories and childhood nostalgia and promote the products as “staples of American kitchens for generations,” the case says. Indeed, the brand’s YouTube page claims that Pyrex products are among the few still made in the U.S., the complaint relays.
Although the Pyrex items produced outside the U.S. bear a small message that reads “Made in China,” the filing contends that the company has continued to market some of its products—namely, its measuring cup sets—as American-made in places such as Amazon.com.
“At no point during this time did the unqualified ‘Made in USA’ claims across various forms of media cease,” the lawsuit reads.
The plaintiff, a Maryland resident and owner of several Pyrex products, purchased from Instant Brands because she believed the items were made in the U.S., the suit says. The woman claims she would not have paid as much, or bought the kitchenware products at all, had she known that some of them were made in China and only advertised as American-made, the case explains.
Under Federal Trade Commission standards, it is misleading to promote the Pyrex products at issue as “Made in the USA” given that none of their final assembly or processing occurred domestically, all “significant processing and manufacture” took place in China, and that “all or virtually all” of their components were made and sourced overseas, the filing states.
The lawsuit looks to represent anyone in Maryland, Georgia, West Virginia, Texas, Montana, Idaho, New Mexico, Alabama, Utah, North Dakota, South Dakota, Nebraska, Iowa, Kansas, Mississippi, Arkansas, Alaska, Wyoming and South Carolina who purchased Pyrex products during the applicable statutes of limitations period.
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