Adidas class action over NHL jersey authenticity dismissed

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Update:

• A federal judge in Florida dismissed a class action lawsuit accusing Adidas of falsely advertising its National Hockey League jerseys as “authentic.” 
• U.S. District Judge Virginia M. Hernandez Covington ruled the consumer behind the proposed class action failed to specify if or when he saw the alleged misrepresentations prior to purchasing the Adidas NHL jerseys from third-party seller Fanatics.
• Judge Hernandez Covington, while also ruling the consumer has no standing to bring the claims under non-Florida consumer protection laws, ultimately dismissed the complaint without prejudice.
• The consumer argued Adidas falsely advertised that the NHL jerseys it sold as “authentic” despite there allegedly being notable differences between them and the ones actually worn by NHL players.

Adidas NHL Jersey Class Action Lawsuit Overview:

• Who: An National Hockey League (NHL) fan has hit Adidas with a class action lawsuit over its merchandise jerseys.
• Why: The plaintiff says the jerseys Adidas sells to fans are cheap imitations of the ones the players actually wear.
• Where: The lawsuit was filed in a Florida federal court.

(February 24, 2022)

Adidas makes cheap imitations of National Hockey League (NHL) jerseys that are nothing like what the actual players wear, and fans want refunds, according to a new class action lawsuit.

Plaintiff David Inouye filed the class action complaint against Adidas America, Inc. Feb. 21 in a Florida federal court, alleging violations of state and federal consumer laws.

According to Inouye’s complaint, Adidas America manufactures, labels, markets and sells NHL jerseys represented as “authentic pro,” and third-party stores and websites such as fanatics.com also identify the product as “authentic.”

“However, the Product is not authentic and differs in numerous ways from the jerseys worn by NHL players,” Inouye says.

Adidas NHL Fan Jerseys Have Different Fit Than Those Of Players, Class Action Alleges

Inouye alleges that the cut of the jersey is tighter than those worn by NHL players and that the fabric is “half the thickness,” the stitching is “weaker and less durable,” the hole for the neck is larger and the holes in the jerseys for air flow are smaller. He also says the jerseys are made in Indonesia while the authentic jerseys are made in Canada.

“Consumers want to buy and wear the jerseys worn by their favorite hockey teams and players,” Inouye says. “Consumers purchasing NHL jerseys marketed as ‘authentic’ by the company which makes the jerseys worn by NHL teams will expect they are purchasing jerseys of identical quality to those worn by NHL players.” 

Inouye says the representation of the products as “authentic” is misleading because they are more accurately described as “replicas.”

“Defendant sold more of the product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,” the lawsuit alleges.

The jerseys are sold for $179.99, excluding tax and sales.

The lawsuit looks to represent anyone in Florida who purchased a jersey and anyone in any other state as part of a Consumer Fraud Multi-State Class.

The plaintiff is suing under state consumer laws, as well as for breach of warranty, negligent misrepresentation, unjust enrichment and fraud. Inouye is seeking certification of the class action, an injunction, damages, fees, costs and a jury trial. 

Meanwhile, Adidas is also facing a class action lawsuit alleging it engaged in the “deceptive” business practice of advertising fictitious reference prices and corresponding phantom discounts on Adidas-branded outlet merchandise sold in the defendant’s outlet stores in California.

What do you think of the NHL fan’s claims? Let us know in the comments! 

The plaintiff is represented by Will Wright of The Will Wright Law Office, P.A. and Spencer Sheehan of Sheehan & Associates, P.C. 

The Adidas NHL Jersey Class Action Lawsuit is David Inouye v. Adidas America, Inc., Case No. 8:22-cv-00416, in the U.S. District Court Middle District of Florida Tampa Division.

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