California

Women's Undergarment Company Settles False Claims Suit

A company that claimed its iPant women's undergarment destroyed fat and had a permanent anti-cellulite effect has agreed to pay 10 California district attorney's offices $350,000 in penalties.

Each of the offices in the California Food, Drug and Medical Device Task Force will receive $35,000 to enforce consumer protection laws.

Bay Area district attorney's offices in Napa, Marin, Alameda, Monterey, Santa Clara, Solano and Sonoma counties are in line for the settlement money that will be paid by Wacoal America Inc.

The complaint by prosecutors was filed in Napa County Superior Court, and Wacoal has paid $278,069 in direct restitution to California customers as part of a settlement with the Federal Trade Commission, according to the Napa County District Attorney's Office.

"Once again, we have a company making false and misleading claims that their product contributes to weight loss just merely by wearing their garment," Napa County District Attorney Gary Lieberstein said in a statement.

"California consumers are entitled to be protected from such unfair advertising and this lawsuit and settlement is in furtherance of that ongoing goal," Lieberstein said.

The judgment prohibits Wacoal from making claims regarding the efficacy or effects of any of its products without possessing competent and reliable scientific evidence that substantiates the claims, and prohibits manufacturing or selling any misbranded, unapproved or falsely advertised medical devices, prosecutors said.

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