Migliaccio & Rathod LLP is investigating whether TJ Maxx may be misleading consumers about the origins of jewelry marketed using the names of Native American tribes.
TJ Maxx has offered jewelry under the Seed & Sage brand with product names referencing the Navajo and Zuni tribes. Examples include a “Made in Mexico Sterling Plated Navajo Pendant Necklace,” a “Made in Mexico Sterling Silver Plated Navajo Beaded Earrings,” and a “Made in Mexico Sterling Silver Plated Turquoise Zuni Ring.” The company’s product descriptions expressly identify these items as manufactured in Mexico.
While jewelry can incorporate Native American-inspired designs without being made by Native American artisans, federal law prohibits marketing that falsely suggests a product was created by members of a particular tribe.
The Indian Arts and Crafts Act protects the authenticity of Native American arts and crafts, including jewelry. Manufacturing a product in Mexico does not, by itself, establish whether qualifying Native American artisans made it.
Migliaccio & Rathod LLP is investigating who manufactures these products and whether TJ Maxx’s use of tribal names, even alongside country-of-origin disclosures, may create misleading impressions about their authenticity.
Consumers May Have Experienced:
- Believed the jewelry was designed or made by Navajo or Zuni artisans based on its product name and description;
- Associated the tribal names and turquoise designs with traditional Native American jewelry-making;
- Been confused about whether the jewelry was Native American-designed, Native American-made, or simply inspired by Native American styles;
- Purchased the products believing they were supporting Native American artisans.
Potential Claims May Include:
- Violations of state consumer-protection and false-advertising laws if the overall product presentation creates a misleading impression;
- Breach of express warranty if representations about authenticity or craftsmanship were made;
- Unjust enrichment if TJ Maxx benefited from allegedly misleading product representations;
- Potential violations of the federal Indian Arts and Crafts Act if products were falsely marketed as Native American-made.
Signs You May Be Affected:
- Purchased Seed & Sage Navajo or Zuni jewelry from TJ Maxx;
- Purchased products such as the Made in Mexico Sterling Plated Navajo Pendant Necklace, Made in Mexico Sterling Silver Plated Navajo Beaded Earrings, or Sterling Silver Plated Turquoise Zuni Ring;
- Believed the jewelry was made by Native American artisans based on its tribal name, design, or marketing;
- Relied on representations about the jewelry’s authenticity or craftsmanship when making your purchase.
If you purchased Navajo- or Zuni-branded jewelry from TJ Maxx, or are a Native American jewelry artisan concerned about competing products marketed under tribal names, 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.