Sonia Hofmann, individually, and on behalf of all others similarly situated v. Permatex, a division of Illinois Tool Works Inc.; Permatex Inc., and Does 1 through 100, inclusive
Published: Mar. 7, 2015 | Result Date: Dec. 19, 2014 | Filing Date: Jan. 1, 1900 |Case number: 37-2013-00041164-CU-BT-CTL Settlement – Equitable Settlement
Court
San Diego Superior
Attorneys
Plaintiff
Miles D. Scully
(Gordon & Rees LLP)
John H. Donboli
(Del Mar Law Group LLP)
Defendant
Facts
Sonia Hofmann brought a class action against Permatex, a division of Illinois Tool Works Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant included the statement "Made in U.S.A." on packaging for its automotive repair kit products. Plaintiff further alleged that this labeling was misleading because not all contents of the automotive repair kit products were made domestically.
DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.
Result
TThe parties reached a settlement preliminarily approved by the court. Pursuant to the settlement, defendant agreed to pay $2.00 to qualifying class members who purchased certain of defendant's products that stated they were "Made in USA." Defendant further agreed to donate $1,000,000 to the automotive related charity "Follow A Dream." The defendant also agreed to stop labeling products "Made in U.S.A." if such products do not contain 100 percent U.S. content.
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