Baum

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FELIX BAUM, Case No. 19-cv-01718-EMC

Plaintiff,

ORDER DENYING DEFENDANT’S

v. MOTION TO DISMISS

J-B WELD COMPANY, LLC, Docket No. 43 Defendant.

12 13 I. INTRODUCTION Plaintiff Felix Baum (“Plaintiff”) has filed a class action complaint against Defendant J-B Weld Company, LLC (“Defendant” or “J-B Weld”). Defendant manufactures a range of epoxy products, which it represents as being “Made in the U.S.A.” Plaintiff brings claims under the Unfair Competition Law and Consumers Legal Remedies Act, alleging that Defendant’s “Made in the U.S.A.” representations are false and misleading because the products contain impermissible amounts of foreign-sourced content. Critically, the parties disagree as to whether the accused products’ containers (specifically, the products’ caps, tubes, and bottles, which in this case are foreign made) should be considered part of the “product” for the purpose…