Date: October 31, 2016
OCDA AND CALIFORNIA FOOD, DRUG, AND MEDICAL DEVICE TASK FORCE SETTLE CONSUMER PROTECTION ACTION AGAINST MAKER OF “MY PILLOW” FOR NEARLY $1 MILLION
The Orange County District Attorney’s Office (OCDA), as part of the California Food, Drug, and Medical Device Task Force, comprised of ten district attorneys’ offices including Alameda, Marin, Monterey, Napa, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma Counties, announced a settlement today in a consumer protection action against My Pillow, Inc. (“My Pillow”). My Pillow manufactures and sells pillow and bedding products.
The action was filed in Alameda County Superior Court on Oct. 26, 2016. The complaint alleges that My Pillow made representations regarding the effects or attributes of its products that were not supported by competent and reliable scientific evidence, including that My Pillow products could mitigate the effects of medical conditions such as: fibromyalgia, insomnia, migraines headaches, temporomandibular joint disorders (TMJ), and restless leg syndrome. The complaint further alleges that My Pillow advertised itself as the “Official Bed Pillow” of the National Sleep Foundation (NSF), without disclosing that a material financial connection existed between My Pillow and NSF.
Under the terms of the stipulated judgment, My Pillow agreed to pay $995,000 in civil penalties and to make an additional $100,000 in direct contributions to non-profit organizations providing or supporting sleeping accommodations to the homeless or those who are victims of domestic violence. As part of the settlement, Mercy House, an Orange County non-profit devoted to addressing homelessness, will receive $10,000 to help homeless families in Orange County find shelter.
The judgment includes injunctive provisions prohibiting My Pillow from: (1) making any claims regarding the efficacy or effects of any of its products without possessing competent and reliable scientific evidence that substantiates the claims; (2) manufacturing or selling any misbranded or falsely advertised medical devices; and (3) advertising that any of its products are the “official” products of NSF. My Pillow and its counsel worked cooperatively to implement changes to its advertising, without admitting liability.
Deputy District Attorney Tracy Hughes prosecuted this case for the Orange County District Attorney’s Office.