OCDA SETTLES ACTION AS PART OF CALIFORNIA FOOD, DRUG, AND MEDICAL DEVICE TASK FORCE AGAINST MAKER OF CAFFEINATED UNDERWEAR

Date: November 1, 2016

OCDA SETTLES ACTION AS PART OF CALIFORNIA FOOD, DRUG, AND MEDICAL DEVICE TASK FORCE AGAINST MAKER OF CAFFEINATED UNDERWEAR FOR FALSE CLAIMS

SANTA ANA, Calif. – 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 Wacoal America, Inc. (Wacoal). Wacoal manufactures, sells, and distributes women’s undergarments.

The action was filed in Napa County Superior Court late yesterday, Oct. 31, 2016. The complaint alleges that Wacoal made representations regarding the effects or attributes of its iPant product that were not supported by competent and reliable scientific evidence, including that the iPant trimmed thighs by promoting fat destruction and provided a permanent anti-cellulite effect.Sold mostly online and through mail order, the iPant claimed to be infused with caffeine and promised to knock two inches off hips and one inch off thighs in less than a month with no effort required.

Under the terms of the stipulated judgment, Wacoal has agreed to pay $350,000 in civil penalties. Pursuant to a prior settlement with the Federal Trade Commission regarding the iPant product, Wacoal has paid $278,069 in direct restitution to California customers.

The judgment includes injunctive provisions prohibiting Wacoal 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; and (2) manufacturing or selling any misbranded, unapproved, or falsely advertised medical devices in the future.

Deputy District Attorney Tracy Hughes of the Consumer Protection Unit prosecuted this case for OCDA.