Made-in-USA lawsuit fired in caulking gun category

Jessup, Md.-based Newborn Bros. Co. filed a lawsuit May 24 in federal district court in Camden, N.J., against its competitor, Albion Engineering Co. of Moorestown, N.J.

Newborn alleges that Albion has violated the federal Lanham Act and New Jersey law, misleading distributors and customers for years using false claims that Albion’s products are “Made in USA.” Newborn further alleges that Albion sells products imported from Taiwan.

Newborn is seeking an injunction to stop Albion’s deceptive sales, recall and destroy false advertising materials and mislabeled product, and award payment of damages resulting from the unfair competition.

Newborn’s complaint alleges that import reports show Albion buying complete caulking guns and handle assemblies from Taiwanese manufacturers for Albion’s Deluxe, Special Deluxe and B-Line products. The Federal Trade Commission restricts the use of “Made in USA” marking to products that are virtually all made in the United States. Newborn alleges in its complaint that Albion’s products should be advertised and marked “Made in Taiwan.”