Ganz Sued Over Webkinz Sales Terms
By Playthings Staff -- Gifts and Dec, 7/11/2008 7:29:00 AM
San Francisco — Nuts For Candy, a California retailer, filed a class-action lawsuit against vendor Ganz USA and its Canadian parent firm, alleging that the conditions the company sets for stocking its popular Webkinz plush line violate U.S. antitrust laws.
The Burlingame, CA sole proprietorship's suit argues that Ganz’s policy of requiring retailers to order $1,000 worth of its non-Webkinz “core” line in order to apply to become a Webkinz plush seller, with no guarantee of becoming an authorized Webkinz retailer — violates the Sherman Antitrust Act and the Clayton Antitrust Act.
The suit claims Ganz’s policy causes “monetary injury” to retailers , and argues that the company “succeeded in making it more difficult for Plaintiff and Class members to sell products that compete with Webkinz and/or the [core] Ganz products by forcing Plaintiff to stock limited retail shelf space with unwanted products, reducing Plaintiff’s ability to sell competing products.”
The suit’s class is open to all persons or entities in the U.S. who established an account with Ganz from July 1, 2006, onwards.
Nuts For Candy is seeking a jury trial under the jurisdiction of the U.S. District Court for the Northern District of California. It is requesting damages for all class members “threefold their actual antitrust damages sustained,” along with “reasonable” attorneys’ fees and costs, and pre- and post-judgment interest. The retailer is being represented by Cotchett, Pitre & McCarthy, Burlingame, CA.
A Ganz spokesperson told Playthings, sister publication to Gifts & Dec, that the company had no comment on the suit.
How do we get involved with this? I own a store in Boardman, Ohio. I told my (many) reps (a revolving door of them) that I did not feel what they were doing was even legal!! Talk about feeling "manhandled". This rule, that rule, etc..I'm sure everyone knows what I mean. After I ordered the Webkinz, I noticed a Lighting Store about 1 mile from me advertising they sell Webkinz. A lighting store$%^$#@ come on. Also, our big retailer Dillards sells them too. Just curious, why no more charms!!!? Each time I asked my Rep I could not get a straight answer.
Kathy Jean-Ronci - 2008-09-03 16:48:00 EDT
i would like to join the band wagon for the lawsuit!!! seems as though they have screwed every body...they told me i would have exclusive dealership in the small town of Post...but guess what??? down the road just less than a half mile...more Webkinz...another poor soul went for it too...count me in...
Donna Degan - 2008-08-27 11:21:00 EDT
I want to know how we can jump on the band wagon against GANZ. We no longer do business with Ganz and have no plans to do business with them. It was amazing on how Ganz changed there discount policies when Webkinz was introduced.
Webb Dismukes - 2008-08-20 15:24:00 EDT
WHY ARE THE VARIOUS CLASS ACTIONS SUITS ONLY APPLICABLE TO NEWER GANZ RETAILERS? I HAVE BEEN A GANZ RETAILER SINCE 1997 - AND ALL OF US "OLDIES" WERE TREATED EXACTLY THE SAME - WE HAD TO PURCHASE CERTAIN $ LEVELS OVER A 12 MONTH PERIOD TO ACHIEVE LEVELS FOR WEBKINZ SHIPMENTS AND AN INITIAL $ ORDER TO GET OUR FIRST WEBKINZ SHIPMENT.
JAN CARISEO - 2008-08-19 10:30:00 EDT
Everyone who has ever carried Webkinz should be able to participate! This company has turned into an ugly green monster. Every retailer I know will cheer when Ganz gets what''s coming to them with their draconian "rules." They have/are ruining the small businesses that took a chance on Webkinz in favor of the chains that do not have to abide by the same rules!
Good Luck to the Candy Store!
Catherine Lauder - 2008-08-16 12:53:00 EDT
Good Luck to the Candy Store!
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