Migliaccio & Rathod LLP is investigating whether Avanti Linens and retailers selling its products may be misleading consumers about the Native American origins of certain home décor and bathroom accessories.
Avanti markets an extensive collection of bathroom accessories under the name “Navajo Dance.” The collection includes hand-painted soap dishes, toothbrush holders, tissue box covers, wastebaskets, shower curtains, and other products decorated with Southwestern patterns and Native American cultural imagery. These items are sold through retailers including Bealls, Boscov’s, and Belk.
The federal Indian Arts and Crafts Act prohibits the misleading marketing of arts and crafts as Native American-made when they were not produced by qualifying Native American artisans.
Migliaccio & Rathod LLP is investigating whether the name, imagery, and marketing of the Navajo Dance collection could lead consumers to believe these products were created by Navajo artisans, and whether the products’ actual origins are adequately communicated.
Consumers May Have Experienced:
- Believed the products were created or handcrafted by Navajo artisans;
- Relied on the collection name and imagery when deciding to purchase the merchandise;
- Paid a premium for products they believed reflected authentic Native American artistry;
- Purchased the products believing they supported Native American artists or businesses.
Potential Claims May Include:
- Violations of state consumer-protection and false-advertising laws if the overall marketing creates a misleading impression about product origins;
- Breach of express warranty if marketing expressly represented the products as Native American-made;
- Unjust enrichment if Avanti or retailers benefited from allegedly misleading product representations;
- Potential violations of the federal Indian Arts and Crafts Act if the products were falsely represented as Native American-produced.
Signs You May Be Affected:
- Purchased an item from Avanti’s Navajo Dance collection;
- Purchased Navajo Dance bathroom accessories from Bealls, Boscov’s, Belk, or another retailer;
- Relied on the collection’s name, imagery, or product descriptions when deciding to purchase the merchandise;
- Believed the products were made by Navajo artisans or reflected authentic Native American craftsmanship.
If you purchased items from the Avanti Navajo Dance collection, or are a Native American artisan who produces similar handcrafted goods, we would like to hear from you. Migliaccio & Rathod LLP would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.