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Consumer Law
Consumers Legal Remedies Act
Unfair Competition

Eric Hoffman, an individual and on behalf of all others similarly situated v. Peg Perego USA Inc.

Published: Aug. 1, 2015 | Result Date: Jun. 19, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 3:14-cv-02227-CAB-JLB Settlement –  Equitable Settlement

Court

USDC Southern District of California


Attorneys

Plaintiff

John H. Donboli
(Del Mar Law Group LLP)

JL Sean Slattery


Defendant

Kevin D. Rising
(Barnes & Thornburg LLP)

Devin Stone


Facts

Eric Hoffman, an individual and on behalf of all others similarly situated, filed a putative class action against Peg Perego USA Inc. relating to the "Made in USA" label on one of Peg Perego's products.

Contentions

PLAINTIFF'S CONTENTIONS:
Hoffman claimed defendant committed unlawful and unfair business practices when it falsely labeled its children's electric riding vehicles as "Made in USA." Plaintiff claimed the "Made in USA" label was used in violation of California's Unfair Competition Law (Cal. Bus. and Prof. Code Sections 17200 et seq.) and "Made in USA" statute (Cal. Bus. and Prof. Code Section 17533.7), when they were actually made with component parts manufactured outside the United States.

Result

Per the settlement agreement, class members will receive a free Peg Perego safety vest valued at $20. Peg Perego agreed to comply with all applicable laws relating to future sales of its children's riding vehicle products. It also agreed to donate $400,000 worth of children's toys to various charities over the course of five years.


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