Walmart
An ongoing TINA.org investigation spanning several years found that Walmart consistently and repeatedly used false and deceptive Made in USA representations to market products on its website, Walmart.com.
(TINA.org also objected — as amicus curiae — to a class-action settlement that sought to resolve claims filed against Walmart and others for falsely labeling glucosamine supplements as able to rebuild cartilage and support joint comfort without competent scientific evidence to support such claims. To read more about that action, click here.)
Highlights
- Sent warning letter to Walmart
- Filed complaint with FTC
- FTC investigated Walmart's marketing and sent closing letter to company
- Sent additional letters to FTC regarding Walmart's ongoing deceptive MUSA practices
Timeline
2021
February
Following TINA.org’s complaint to the FTC, Walmart quietly removes a link on its website to “Find American-Made Products on Walmart.com” that led to nearly 2,000 “made in usa” listings and replaces it with a link to a company blog published in 2019 about a woman who found work at a U.S. factory.
January 19
After finding that Walmart is still advertising products as Made in the USA when they contain imported parts, TINA.org sends a new complaint to the FTC urging it to reopen its investigation and take appropriate enforcement action.
2017
Walmart changes its Made in USA Origin Disclaimer present on every product page. The disclaimer on each page is now more general and states: “While we aim to provide accurate product information, it is provided by manufacturers, suppliers and others, and has not been verified by us. See our disclaimer.” The sentence then links to a pop-up, which states, in relevant part: “Product packaging and material may contain more and/or different information from the website, including the product description, country of origin, nutrition, ingredient, allergen and other information. Always read labels, warnings, and directions and other information provided with the product before using or consuming a product. For additional information about a product, please contact the manufacturer.”
2016
June 28
After reinvestigating Walmart.com and finding that it still contains Made in the USA misrepresentations (despite Walmart’s numerous assurances that it had fully corrected the issue last year), TINA.org sends a complaint letter to FTC.
2015
November 12
TINA.org sends a letter to the FTC regarding Walmart.com’s ineffective Made in the USA disclaimer.
October 23
A review of Walmart’s website by TINA.org reveals that, despite the company’s removal of the vast majority of false and deceptive Made in the USA claims, some misrepresentations still exist, prompting TINA.org to alert the company, as well as the FTC.
October 20
The FTC — which investigated Walmart after receiving TINA.org’s complaint — notifies the company that it will not be pursuing further action due to Walmart’s assurance that it has removed all U.S.-origin representations from its website.
July 14
Due to Walmart’s failure to fully correct the false and deceptive Made in the USA representations on its website, TINA.org sends a complaint letter to the FTC urging it to take action against the company.
June 25
Walmart informs TINA.org that the USA misrepresentations on the company’s website will be corrected within two weeks.
June 24
Walmart’s Vice President of U.S. Sourcing sends a letter to TINA.org stating, among other things, that the company is taking steps to ensure that the misrepresentations are corrected and that it is also “undertaking a more extensive quality assurance review to eliminate these kinds of coding errors in the future.”
June 22
TINA.org sends a warning letter to Walmart’s CEO, General Counsel, and Chief Marketing Officer, alerting them to the issues uncovered by TINA.org’s investigation and requesting that the company confirm in writing by June 26, 2015 that Walmart intends to remove from its website all false and deceptive USA representations.
Featured
TINA.org Brings Walmart’s Deceptive Made in USA Claims to the FTC, Again
Walmart attempts to redefine what it legally means to be “made” in the USA.
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Class-Action Tracker
Several Brands of Baby and Infant Formula Powders
Allegations: Products make fewer bottles of formula than advertised
Several Store Brand Acetaminophen Products
Allegations: Marketing products as safe pain relievers for pregnant women without warning consumers that scientific evidence shows prenatal exposure to APAP can cause neurodevelopmental disorders in children
Walmart’s Shelf Prices
Allegations: Charging consumers more than the price advertised on store shelves
Great Value Veggie Straws
Allegations: Falsely marketing products as containing “No Artificial Flavors or Preservatives” when they contain a chemical preservative and a synthetic flavoring ingredient
Parent’s Choice Baby Food Products
Allegations: Failing to disclose baby foods contain toxic heavy metals
equate Hydrogen Peroxide
Allegations: Falsely marketing the product treats minor cuts and abrasions when scientific evidence shows it does not have such treatment capabilities
Walmart+ Subscriptions
Allegations: Misleadingly marketing the terms of subscriptions
Great Value Fudge Mint Cookies
Allegations: Misleadingly marketing ingredients in cookies
Great Value Honey Mustard
Allegations: Misleadingly marketing that honey is the primary sweetener
Great Value Coffee Creamer
Allegations: Misleadingly marketing the product as coffee creamer
Spring Valley Garcinia Cambogia
Allegations: Falsely advertising that supplements provide “weight management support” when scientific evidence shows the active ingredients are incapable of providing weight-loss benefits
Great Value Recycling Drawstring Bags
Allegations: Misleadingly marketing products as “recycling” bags that are “designed to handle everyday recycling loads around the house” and “easy sorting for municipal recycling programs” when the bags are made…
Great Value Oats & Honey Crunchy Granola Bars
Allegations: Falsely marketing the ingredients in granola bars
Great Value Reduced Fat Mayo With Olive Oil
Allegations: Misleadingly marketing products as made with olive oil when the ingredients list shows they contain more soybean oil than olive oil
Sale Prices of Walmart’s Weighted Foods
Allegations: Charging more than the advertised sale price of food that is priced based on weight
Equate Lidocaine Patches
Allegations: Misleadingly marketing lidocaine pain relief patches
Equate Cold and Flu Medicines
Allegations: Misleadingly marketing medicines as “non-drowsy” when an ingredient in them causes drowsiness
Equate Dry Spray
Allegations: Failing to disclose products contain the carcinogen benzene
Linksys Dual Band AC1000 WiFi Router
Allegations: Internet routers operate at slower speeds than advertised
Johnson & Johnson’s Baby Powder
Allegations: Failing to adequately disclose that powders contain a dangerous ingredient
Folgers Ground Coffee Sold at Walmart
Allegations: Products do not make the number of cups advertised on the label
Equate Oil-Free Cosmetics
Allegations: False “oil-free” claims
Equate Kids Sunscreen Stick and Other Sunscreens
Allegations: Falsely marketing sunscreens as “hypoallergenic” when they contain a significant amount of allergens, irritants, and other damage-causing chemicals
Parent’s Choice Baby Foods
Allegations: Failing to disclose baby foods contain toxic heavy metals
Folgers Classic Decaf Medium Roast Ground Coffee
Allegations: Products do not make the number of cups of coffee advertised on the label
Several Brands of Baby Foods
Allegations: Failing to disclose baby foods contain toxic heavy metals
Artnaturals and Other Hand Sanitizers
Allegations: Failing to disclose that products contain a dangerous amount of the carcinogen benzene
Onn Power Banks
Allegations: Deceptively inflating the mAh ratings for Onn power banks
Store-Brand Hand Sanitizers
A class-action lawsuit was filed against Vi-Jon for allegedly falsely marketing that store-brand hand sanitizers – including Equate, Up & Up, Walgreens, and Germ-X – “Kill[] 99.99% of germs” when,…
100% Grated Parmesan Cheese Claims
December 2020: The Seventh Circuit Court of Appeals reversed the dismissal finding that average consumers are not likely to understand that the phrase 100% Grated Parmesan Cheese means that the…
Canisters of Great Value Ground Coffee
In August 2020, a class-action lawsuit was filed against Walmart for allegedly falsely representing that Great Value ground coffee products will make a specific number of cups of coffee when,…
Equate Infant’s Pain & Fever Acetaminophen
In August 2020, a class-action lawsuit was filed against Perrigo Company and Walmart for allegedly misleadingly marketing that Equate Infant’s Pain & Fever Acetaminophen is formulated specifically for infants and…
Walmart’s Lifetime Tire Balancing and Rotation Policy
In September 2020, a class-action lawsuit was filed against Walmart for allegedly representing that consumers who purchased its lifetime tire balancing and rotation policy for tires would get tire rotation…
Equate Infant’s and Children’s Pain & Fever Acetaminophen
In June 2020, a class-action lawsuit was filed alleging that Walmart misleads consumers by marketing Equate™ Infant’s Pain & Fever Acetaminophen and Equate™ Children’s Pain & Fever Acetaminophen as different…
Several Store-Brand Hand Sanitizers
In July 2020, a class-action lawsuit was filed against Vi-Jon, Inc. for allegedly falsely advertising that germ-X and several store-brand hand sanitizers – including CVS Health, equate (Walmart), and Walgreens…
Equate™ Rapid Release Products
April 2019: A federal judge dismissed certain claims but allowed the false advertising claims to move forward. November 2018: A class-action lawsuit was filed against Walmart for allegedly misleadingly marketing…
Toddler Beginnings
In June 2020, a class-action lawsuit was filed against Walmart for allegedly misleadingly marketing Parent’s Choice Toddler Beginnings formula as nutritionally appropriate for children who are nine months and older…
Walmart’s Parent’s Choice Pediatric Shakes
February 2020: Plaintiffs filed an amended complaint bringing similar allegations and adding allegations that Walmart misleadingly advertises that the characterizing flavor in its vanilla shakes is vanilla when, according to…
Walmart’s Bill Payment Services
December 2019: This case was transferred to federal court. (Case No. 19-cv-10983, C. D. Cal.) August 2019: A class-action lawsuit was filed against Walmart for allegedly falsely advertising that customers…
Prices in the Walmart App
January 2020: This case was transferred from state court to federal court. (Case No. 20-cv-23, C. D. Cal.) October 2019: A class-action lawsuit was filed against Walmart for allegedly falsely…
Kona Coffee
May 2019: The Bond case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not…
Great Value Vanilla Bean Ice Cream
In November 2019, a class-action lawsuit was filed against Walmart for allegedly falsely advertising that its Great Value Vanilla Bean Ice Cream is flavored with vanilla when, according to plaintiffs,…
Great Value LED Light Bulbs
In November 2019, a class-action lawsuit was filed against Wal-Mart for allegedly falsely advertising that its Great Value LED light bulbs are ENERGY STAR® qualified, use less energy, and cost…
Murphy Oil’s Price of Gasoline
June 2019: The case was transferred to federal court. (Case No. 19-cv-1705, E. D. MO.) April 2019: A class-action lawsuit was filed against Murphy Oil USA for allegedly misleadingly listing…
Spring Valley Glucosamine Sulfate
In June 2019, a class-action lawsuit was filed against Walmart for allegedly falsely stating on the label of Spring Valley Glucosamine Sulfate that each tablet contains 1000 mg of glucosamine…
Great Value Graham Crackers
In January 2019, a class-action lawsuit was filed against Walmart for allegedly misleadingly representing that the main ingredient in Great Value Graham Crackers is graham flour (a coarse, whole grain…
Lang Pharma Nutrition’s CoQ-10 Softgels
In July 2018, a state judge preliminarily approved a settlement of a class-action lawsuit filed against Lang Pharma Nutrition (a company that supplies retailers with CoQ-10 supplements to sell under…
Equate High Absorption CoQ-10
December 2017: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Sam’s Club Freshness Guarantee
July 2018: A federal judge granted final approval of a settlement agreement in which class members who file valid claims will receive a $10 gift card to be used at…
“Independent Doctors of Optometry” at Walmart
July 2018: The Ninth Circuit Court of Appeals found that the District Court properly dismissed the case but it should not have been dismissed When a complaint is dismissed with…
Parent’s Choice Organic Rice Rusks
In June 2018, a class-action lawsuit was filed against Walmart for allegedly failing to disclose that Parent’s Choice Organic Rice Rusks contain milk and eggs. (Kelly et al v. Wal-Mart…
Welspun India’s “100% Egyptian Cotton” Bed Linens
March 2017: The Monahan case was consolidated with In re Welspun Litigation. February 2017: A Consolidated Amended Class Action Complaint was filed. The complaint makes the same allegation (i.e., that…
Equate Migraine
December 2013: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Walmart’s Equate Migraine
April 2016: The Ninth Circuit Court of Appeals affirmed the dismissal concluding that the complaint failed to state a claim upon which relief could be granted. (Case No. 14-55752, 9th…
Equate Migraine Pain Reliever
December 2013: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Thread Counts of Bed Linens at Walmart
A false advertising class-action lawsuit against Walmart was dismissed in March 2007. The 2006 complaint alleged that the store inflated the thread count of bed linens by counting each strand…
Spring Valley Glucosamine Sulfate
In March 2018, a class-action lawsuit was filed against Walmart for allegedly mislabeling Spring Valley joint health supplements as containing glucosamine sulfate when, according to plaintiffs, they contain glucosamine hydrochloride…
Nest Fresh Eggs
In March 2018, two class-action lawsuits were filed against Walmart for allegedly falsely marketing that Nest Fresh Egg Farms “farm fresh” eggs are laid by hens “with outdoor access” when,…
Organic Marketside “farm fresh” Eggs
In January 2018, a class-action lawsuit was filed against Walmart and Cal-Maine Foods for allegedly falsely advertising that Organic Marketside “farm fresh” eggs are laid by hens with access to…
Several Brands of Flushable Wipes
In December 2017, a class-action lawsuit was filed against several manufacturers of flushable wipes – specifically, Costco, CVS, Kimberly-Clark, Procter & Gamble, Target, Walgreens, and Walmart – for allegedly falsely…
Various Parmesan Cheese Products
June 2016: This case was transferred to a multidistrict litigation (MDL) to be heard with similar lawsuits. To learn more about the MDL, click here. March 2016: A class-action lawsuit was…
Walmart’s Equate Co-Q10
September 2016: A federal judge granted the named plaintiff’s motion to voluntarily dismiss this action and imposed two conditions on the dismissal: First, the named plaintiff must agree to use…
Great Value 100% Grated Parmesan Cheese
June 2016: All six of these lawsuits were transferred to multidistrict litigation (MDL) to be heard with similar lawsuits. For more information about the MDL, click here. Early 2016: In…
100% Parmesan Cheese Products
June 2016: This case was transferred to multidistrict litigation (MDL) to be heard with other lawsuits. For more information about the MDL, click here. March 2016: A class-action lawsuit was…
Walmart’s Arm & Hammer Fresh-N-Natural Baking Soda
June 2015: This case was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. because the parties reached a settlement agreement, the terms of which have…
Great Value 100% Cranberry Pomegranate Juice
January 2016: This action was voluntarily dismissed because the parties reached a settlement agreement, the terms of which have not been disclosed. The dismissal was When a complaint is dismissed…
Brew & Save Carafe Filters
A false advertising class-action lawsuit was filed against Walmart and Eko Brands alleging that the Brew & Save Carafe filters for single-serve brewing machines are defective and do not work…
Cottonelle Flushable Wipes and More
May 2016: This action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. as to the named plaintiffs’ claims and When a complaint is dismissed…
Equate Flushable Wipes
January 2017: This action was dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed. August 2015: A class-action lawsuit…
Wal-Mart’s Rollback Prices
August 2017: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Great Value All Natural Pita Chips
In March 2017, a class-action lawsuit was filed against Walmart for allegedly falsely advertising Great Value All Natural Pita Chips as “All Natural” when, in reality, they contain synthetic and…
Great Value Pork & Beans in Tomato Sauce
November 2016: A federal judge granted a stay in this case until after a ruling in a case, Briseño v. ConAgra Foods, Inc., pending in the Ninth Circuit Court of…
Walmart’s Craft Beers
In February 2017, a class-action lawsuit was filed against Walmart for allegedly falsely marketing beers – including Cat’s Away IPA, After Party Pale Ale, Round Midnight Belgian White, and Red…
Walmart’s Warranties for Car Batteries
In October 2016, a class-action lawsuit was filed against Walmart for allegedly deceptively advertising that consumers who purchase car batteries receive a warranty allowing for the replacement of defective batteries…
Walmart’s “Made in USA” Labels
July 2016: Plaintiffs voluntarily dismissed this action When a complaint is dismissed with prejudice, it cannot be refiled.. The reasons for the dismissal have not been disclosed. July 2015: A…
Straight Talk Cellular Phone Plans
February 2016: The appeal was voluntarily dismissed, the reasons for which have not been disclosed. (Hansell et al v. TracFone Wireless, Inc. dba Straight Talk Wireless et al, Case No.…
Great Value Cornstarch Food Products
February 2016: A federal judge granted final approval of the settlement. May 2015: A federal judge preliminarily approved a $515,000 settlement of a false advertising class-action lawsuit against Karlin Foods…
Various Lines of Herbal Supplements: Finest Nutrition, Spring Valley, and Others
June 2015: Some of the lawsuits were transferred to one court where they will be heard together. (MDL Docket Information: In Re: Herbal Supplements Marketing and Sales Practices Litigation, MDL…
Walmart’s Great Value 100% Cranberry Pomegranate Juice
April 2015: The named plaintiff voluntarily dismissed the complaint. The complaint was dismissed without prejudice, meaning that the complaint can be refiled. February 2015: A class-action lawsuit was filed against…
Walmart’s Banzai Inflatable Water Slides and Pools
November 2014: A federal judge granted plaintiff’s motion to voluntarily dismiss this lawsuit with prejudice, meaning that the plaintiff cannot refile the lawsuit. June 2014: A federal judge denied Walmart’s…