Trek Bike Helmet Maker Hit With Class Action Lawsuit

Trek Bicycles is being accused of fraud and misrepresentation in a class action lawsuit claiming its premium line of bike helmets doesn’t deliver on its safety promises. 

The Bontrager WaveCel-branded Trek bike helmet doesn’t provide extra protection and only costs more, lead plaintiff Andrew Glancey says in the complaint.

Glancey argues Trek Bicycles is taking advantage of increased awareness around traumatic brain injuries “as part of their effort to capture the largest share of the helmet market.”

“Over the past two decades, the public has become increasingly aware of the long-term neurologic risks associated with concussions,” he said in the complaint. 

The shift in culture has caregivers no longer telling children to “walk it off” or to dismiss the injuries, according to Glancey, leaving them more willing to pay more for safety products such as bike helmets. 

“A downside to this greater attention is the development and marketing of products claiming to provide greater protection from concussions — but at significantly higher cost,” Glancey said. 

Marketing and advertising developed by Trek Bicycles to promote the Bontrager WaveCel helmet exploits consumers’ concerns, according to the class action lawsuit, which cites some of the specific promises made by the company: 

• “Up to 48x more effective than traditional foam helmets”
• “WaveCel is a revolutionary helmet safety tech that’s available exclusively in these Bontrager helmets”
• “Most significant advancement in cycling in the last 30 years when it was released in early 2019”

Particularly, according to Glancey, Trek’s “48 times more effective” claim is bogus because the number is based on a speed cyclists never reach. 

Glancey says Trek Bicycles backs up these bogus claims with an even more bogus study. In the complaint, he alleges the study’s authors have a financial interest in the product.

Not only is that not disclosed to consumers, Glancey says, but researchers in Trek Bicycles’ study used a different bike helmet that had been modified with WaveCel components. 

Glancey’s class action lawsuit says the difference in safety does not match the price, and cites third-party safety ratings done on various types of bike helmets. 

The Consumer Product Safety Commission has rated bike helmets that have Multi-Directional Impact Protection Systems, also known as MIPS, as being the most safe. These bike helmets allow it to slide during an impact, reducing the force in a crash. 

The class action lawsuit against Trek Bicycles says its WaveCel bike helmets only offer a slight improvement to this technology. 

Glancey is seeking to represent a Class of plaintiffs from from New York, New Jersey, Pennsylvania and Maryland who’ve also purchased the WaveCel Trek bike helmet.

Formally, the class action lawsuit is accusing Trek Bicycles of negligent misrepresentation, fraud and unjust enrichment. 

Have you purchased a premium Trek bike helmet? Do you spend more on products promising more protection from brain injury? Let us know in the comments below. 

Counsel representing the plaintiffs in the Trek bike helmet class action lawsuit is Spencer Sheehan of Sheehan & Associates PC.

The Trek Bike Helmet Class Action Lawsuit is Glancey v. Trek Bicycle Corp., Case No. 7:21-cv-00120, in the U.S. District Court for the Southern District of New York.  

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