Caulk Manufacturer Newborn Brothers Files Lawsuit Against Albion Engineering
May 24, 2012

by Katie O'Mara,

Virginia-based Newborn Bothers has filed a lawsuit against competitor Albion Engineering alleging that Albion misleads customers and distributors by claiming that their products are made in the United States. Newborn manufactures the industrial manual and pneumatic caulk guns used with sealants and polyurethanes in replacing windshields. Albion also manufactures similar industrial caulk guns.

Newborn alleges that, according to shipping records, Albion’s products are actually made in Taiwan.

According to documents filed by Newborn the company, “has been and is likely to be damaged by Albion’s false and misleading advertising, product labeling and product packaging as to the geographic origin and location of manufacture of its manual dispensing guns and caulking accessories.”

Newborn also alleges that Albion’s owner’s guide has the phrase, “All Albion products are made in America,” on the cover. In addition, Newborn claims that certain Albion products are stamped with the abbreviation, “Phila., PA. USA.,” when a news release from the company claims that the Philadelphia location closed in 2005. Other products allegedly have a “Made in Taiwan” geographic origin mark hang tag on the handle.

Newborn is asking the court to restrain Albion from producing false and misleading advertisements claiming that the product is made in the U.S. They are also asking the court to require Albion to recall any products that are misleading, notify purchasers and award Newborn damages as well as “profits obtained by Albion as a consequence of Albion’s actions.”

Newborn Brothers has declined to comment on this case.

At press time, Albion Engineering has not responded to a request for comment.

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