FIGS Class Action Says Scrubs Aren’t Antimicrobial

A class action lawsuit says FIGS medical apparel company’s scrubs do not kill bacteria and infections on contact, as advertised.

The FIGS scrubs class action lawsuit was filed by Avegail Torres. She says that she and her husband, both registered nurses, purchased FIGS scrubs because they were advertised as containing silver ions which allegedly killed infections and bacteria “immediately on contact.” Allegedly, she purchased $747.76 worth of medical apparel in 2016 from the company.

The FIGS medical apparel class action lawsuit goes on to say that Torres and her husband based their purchase at least in part based on the marketing by FIGS. Allegedly, the company began marketing its scrubs in this manner since 2013.

Torres says that after she and her husband purchased their scrubs, they looked into silver ions’ capacity to kill bacteria. Allegedly, they discovered two studies — one published in Infection Control & Hospital Epidemiology in 2017 and one in the Journal of Hospital Medicine in 2013 — that indicated that the silver ions could not kill bacteria and infection on contact, as claimed.

The FIGS antimicrobial scrubs class action lawsuit says that FIGS did not conduct adequate testing on its own products to make this claim.

The FIGS antimicrobial scrubs class action lawsuit says that Torres would not have purchased scrubs from FIGS or would not have paid as much as she did for them, had she known that that research did not support the claims that the scrubs could kill bacteria and infections.

Allegedly, the FIGS scrubs are priced higher than other scrubs, specifically based on their alleged appeal from their claimed antimicrobial capabilities.

Torres says she and other customers were financially injured by FIGS’ representations, and seeks damages on behalf of herself and all other similarly affected customers.

The FIGS medical scrubs advertising class action lawsuit goes on to say that the injury suffered as a result of the alleged misrepresentation is not just financial. Allegedly, the misrepresentation could put patents and medical professionals that risk for infection that they thought could be reduced by the scrubs.

Allegedly, the Occupational Safe and Health Administration provides guidelines for medical professionals about how they should best handle and care for their medical garments to best prevent and protect against infection. Torres says that these guidelines for medical wear “serve as control measures for ensuring a safe environment for patients,” because medical wear can be key in establishing a safe environment.

Torres argues that FIGS knew that the scrubs do not kill bacteria, but advertised them as such nonetheless. Allegedly, the company at least knew that there was no scientific evidence, studies, or testing to confirm if the antimicrobial representations are true.

Allegedly, FIGS has since taken the antimicrobial claims off of its website and other marketing material, but has not informed customers of the alleged safety risks posed by this misrepresentations.

Torres is represented by Richard D. McCune, Mark I. Richards and David Wright of McCune Wrights Arevalo LLP.

The FIGS Antimicrobial Scrubs False Advertising Class Action Lawsuit is Torres v. FIGS Inc., et al., Case No. 5:19-cv-01432, in the U.S. District Court for the Central District of California.

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