Lacrosse Class Action Says Helmet Maker Falsely Advertised Gear

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A class action lawsuit filed on March 28 accuses Performance Lacrosse Group Inc., the makers of the popular Cascade-brand lacrosse helmets, of false and deceptive advertising. The lawsuit alleges that Cascade helmets were sold with the designation that they met required safety standards, when they, in fact, did not meet those standards.

According to the Cascade lacrosse helmet deceptive advertising class action, lacrosse is increasing in popularity across the county, and the market for official lacrosse equipment went from $59 million in 2008 to $89 million in 2013. The complaint claims that one of the largest manufacturers of lacrosse equipment is PLG, which manufactures 26 percent of all lacrosse equipment and 85 percent of all helmets.

The complaint states that lacrosse is being marketed as an alternative to football, but like football, its players need proper protection for their heads. The National Operating Committee on Standards for Athletic Equipment (NOCSAE) sets engineering and safety standards for both football and lacrosse helmets.

While the NOCSAE does not review or certify particular equipment, the three major organizations governing high school, collegiate, and professional lacrosse all use the NOCSAE helmet specifications to set minimum safety standards. The complaint states that all three lacrosse organizations’ “rules mandate that all helmets used in play must be NOCSAE certified or otherwise meet the applicable NOCSAE standards for lacrosse helmets.”

Defendant PLG prominently advertising its Cascade helmets as meeting the NOCSAE standards on its website and the helmets themselves, the class action asserts. However, in November of 2014 NOCSAE voided its certification of the Cascade R lacrosse helmet, and one other helmet not included in this class action.

In a press release, NOCSAE stated that it “has concluded that these models, for all manufacturing dates, do not comply with the NOCSAE standard ND041 and that the manufacturers’ certifications of compliance on those helmets is invalid.”

Plaintiff Lindsay Held states that in June of 2014 she purchased a Cascade R lacrosse helmet for $259.99. Similarly, plaintiff Matthew Hemberger claims that he purchased a Cascade R lacrosse helmet for his son to play in a lacrosse league. Both plaintiffs assert that they would not have purchased those helmets if they had known that the helmets did not meet official NOCSAE standards.

The complaint alleges that “no consumer would knowingly purchase a lacrosse helmet that does not meet NOCSAE standard because such a helmet would be unsafe for use, and no player would be allowed to play in any sanctioned lacrosse activity with such a helmet.”

The Cascade lacrosse helmet deceptive advertising lawsuit seeks to represent a Class of “all persons in the United States who purchased Cascade Model R lacrosse helmets and did not resell them.” The class action requests damages for consumers who purchased the uncertified helmets, and a court order requiring PLG to cease its unfair practices.

Held and Hemberger are represented by Jeffrey I. Carton and Roberg J. Berg of Denlea & Carton LLP, Nicholas E. Chimicles and Alison G. Gabe of Chimicles & Tikellis LLP, Joseph G. Sauder of McCuneWright LLP, and Thomas B. Malone of The Malone Firm, LLC.

The Cascade Lacrosse Helmet Deceptive Advertising Class Action Lawsuit is Lindsay Held, et al. v. Performance Lacrosse Group Inc., Case No. 3:14-cv-01842, in the U.S. District Court of Connecticut.

UPDATE: The Cascade Lacrosse helmet class action settlement is now open! Click here to file a claim!