French’s Mustard Consumer Hits Setback in ‘Made in USA’ Suit

McCormick & Company Inc. is entitled to dismissal of a proposed class action that alleges it deceptively claims its French’s mustard products are made in the US, a federal magistrate judge recommended.

Magistrate Judge Stanley A. Boone said July 11 the plaintiff failed to adequately allege that McCormick’s products contain enough foreign-sourced ingredients to violate California’s “Made in USA” labeling laws, which allow for up to 5-10% foreign content.

The suit, filed in the US District Court for the Eastern District of California in February, alleged the labeling for French’s dijon, honey dijon, and yellow mustard products—which indicate they were “Crafted and Bottled” in Springfield, Mo., and contain “American Flavor in a Bottle"—was deceptive. The products allegedly contained components, namely mustard seed and turmeric, that were sourced, grown, or made outside of the US.

Darnell McCoy, the plaintiff, alleged the company violated California’s Consumers Legal Remedies Act, Unfair Competition Law, and False Advertising Law. He also alleged breach of express warranty, negligent and intentional misrepresentation, and unjust enrichment.

The magistrate judge cited safe harbor provisions added into California’s “Made in the USA” statutes in 2015 that allowed for a product to be labeled as domestically produced if ingredients representing no more than five percent of the final wholesale value of the product are obtained from outside of the US, or 10 percent if manufacturer shows that it can’t produce or source the ingredients domestically.

Although the plaintiff alleges the products contain foreign-sourced mustard seed and turmeric, he fails to make claims about the products’ composition or the value of the other ingredients, Boone said.

The judge also declined to incorporate by reference YouTube videos that were cited in the footnote of the complaint which McCoy said bolstered his allegations, because they were not sufficiently central to the claims.

Although Boone recommended that the suit be dismissed, he also said McCoy should get leave to amend his complaint to address its deficiencies.

The court gave the plaintiff 14 days to file any objections to the findings and recommendations before they are reviewed by District Judge Jennifer L. Thurston, who will decide whether to accept Boone’s recommendations..

McCoy is represented by Kazerouni Law Group APC. McCormick is represented by Venable LLP.

The case is McCoy v. McCormick & Co., Inc., E.D. Cal., No. 1:25-cv-00231, findings and recommendations 7/11/25.