(Fairbanks, AK) – Monday, Alaska Attorney General Treg Taylor obtained a temporary restraining order against Sunil Thapa, the owner of The Himalayan, also known as Mt. McKinley Clothing Co., a tourist shop located outside of Denali National Park. Superior Court Judge Earl Peterson issued the temporary restraining order following a complaint filed by Attorney General Taylor on July 19, 2023.

“My office will not tolerate false claims that products were made by Alaska Natives or that proceeds from sales will be used for charitable purposes,” said Attorney General Taylor. “We will not allow businesses that lie to consumers to gain an unfair competitive advantage over the many excellent stores that sell legitimate Alaskan Made or Alaska Native products.”

According to the complaint (2.3MB PDF), Sunil, his wife, Trishna Thapa, and son, Tejash Thapa, who were also named as defendants in the complaint, imported clothing, jewelry, and other products from foreign countries, but told consumers that the products were made by Alaska Natives in Yakutat. The complaint also alleges that the defendants made the false claim that their store was a nonprofit arm of the “Yakutat Village Council” and that proceeds would be used for charitable purposes such as building schools and a rehabilitation center in Yakutat.

The complaint asks the Fairbanks Superior Court to issue an injunction against the defendants and to fine them up to $25,000 for every unfair or deceptive act they committed. The temporary restraining order issued by Judge Peterson prohibits the defendants from selling any products that lack a proper country of origin marking, requires the defendants to present evidence that products were made in the USA or in Alaska before labeling them as such, prohibits the defendants from claiming that The Himalayan is a nonprofit and that its proceeds will be used for charitable purposes, and prohibits the defendants from make other false written or oral statements in the course of selling their products.

The Himalayan, which is located at the Denali Village RV Park and Boardwalk Mall, retained a large sign from the previous occupants of the building, Mt. McKinley Clothing Co., and people continue to refer to The Himalayan as Mt. McKinley Clothing Company. According to the complaint, the investigation into The Himalayan began in June, when an investigator from the Alaska Department of Law was visiting shops in the area to learn more about the sale and advertisement of Alaska Native and Alaskan Made products. When the investigator entered The Himalayan, Sunil Thapa stated that everything in the store was made in Yakutat. The investigator was suspicious of the claims and decided to return to make an undercover purchase.

The complaint states that when the investigator returned to make an undercover purchase, Sunil Thapa greeted him saying, “You are in the truly tribal store of Alaska from Yakutat.” Sunil went on to claim that the store was a nonprofit, that all of its products were made by Alaska Natives in Yakutat who donated their work to the store, and that the proceeds were used to build schools and fund charities in Yakutat. Sunil also told the investigator that the store’s alpaca clothing was made from alpacas that are farmed in Yakutat.

The complaint states that Sunil told the investigator that a poncho depicting a Native American wearing a feather headdress reflected Alaska’s traditions. Sunil’s son, Tejash Thapa, also assured the investigator that the poncho was made in Yakutat and that it depicted Yakutat’s residents as they would have looked 200 or 300 years ago. When the investigator began looking at jewelry, Tejash told the investigator that all of the proceeds would go back to a “Yakutat Village Council.” In addition, Tejash and Trishna Thapa, Sunil’s wife, further clarified that everything in the store was made in Yakutat. The investigator purchased the poncho.

According to the complaint, there is no entity called the “Yakutat Village Council.” The complaint also states that the defendants have no relationship with actual government entities in Yakutat—the City and Borough of Yakutat nor the Yakutat Tlingit Tribe—and the defendants have never donated to government agencies or charities based in Yakutat.

The complaint states that a few weeks after the first undercover purchase, a second undercover investigator made a purchase at the store. During the second undercover purchase Trishna Thapa told the investigator that the store was a nonprofit owned by the “Yakutat Village Council” and that she was working as a volunteer. Trishna further claimed that all of the items in the store were either handmade or homemade, that they were authentic, and that nothing was made in China. The investigator purchased a hooded sweater that was designed to mimic a kuspuk. The label on the sweater claimed that it was “hand knitted” in Alaska. In addition, Trishna told the investigator that the sweater was made from Alaskan alpaca wool. Trishna indicated that the proceeds from the sale would help to build a new rehabilitation center in Yakutat.

In addition to the undercover purchases, the complaint states that the Superior Court granted an order for the Department to impound samples of The Himalayan’s products to use as evidence. While executing the impound order investigators discovered products in storage with “Made in Nepal” labels that were similar or identical to products on the shelves that had labels indicating the products were made in Alaska. The investigators also observed rolls of labels stating that products were handmade in Alaska as well as discarded “Made in Nepal” labels.

  Alaska, attorneygeneral, denali, giftshop, himalayan, restrainingorder, sunil, thapa