My Pillow Class Action Says Pillows are Falsely Advertised

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My Pillow Inc. faces a proposed class action lawsuit over the way the pillows are advertised on its website.

Plaintiffs Neda Kadkhoda of California and Marcia Williams of Florida take issue with My Pillow’s use of several different news reporting agencies logos in their advertising. They also say that the way My Pillow presents its inventor and CEO Michael J. Lindell as a “sleep expert” is false and misleading.

According to the My Pillow class action lawsuit, the Minnesota-based company began advertising its pillows around October 2011, using a series of infomercials that direct viewers to order a My Pillow pillow via telephone or by visiting the My Pillow website.

Kadkhoda and Williams both describe similar experiences in purchasing their My Pillow pillows. They say that they each bought the product after seeing them advertised on television and after browsing the My Pillow website.

Both plaintiffs allege that in choosing to buy their pillows, they relied on My Pillow’s representations about Lindell’s credentials and on the presence of the news agencies’ logos. Were it not for those representations, both plaintiffs say they would have opted not to buy a My Pillow pillow or would have paid significantly less for one.

The plaintiffs claim that the way My Pillow uses the logos of news agencies like Fox Business, The New York Times, USA Today, and The Wall Street Journal implies an endorsement of My Pillow products by those agencies.

Kadkhoda and Williams also challenge the assertion that CEO Lindell is a “sleep expert.” They cite two My Pillow infomercials in which Lindell is presented with the title “Sleep Expert” following his name. Yet according to the plaintiffs, Lindell admitted in an interview that he has no board certification or special training in sleep medicine.

The plaintiffs say that My Pillow knew or reasonably should have known that their advertising would harm the plaintiffs and the entire purported plaintiff Class. They fault My Pillow for failing to police itself by preventing its employees from “committing actions that harm consumers or failing to act in ways to protect consumers.”

Both plaintiffs seek to represent a nationwide Class consisting of all persons in the U.S. who purchased My Pillow products within the applicable statute of limitations periods. Williams seeks to represent a Florida subclass of all such persons who are residents of Florida. Kadkhoda seeks to represent a similar subclass of California plaintiffs, as well as a “California Consumer Subclass” consisting of California residents who purchased My Pillow products “for personal, family, or household purposes.”

Kadkhoda and Williams seek an award of compensatory damages, including restitution and prejudgment interest, plus an award of attorneys’ fees and costs of litigation.

The plaintiffs are represented by Barbara A. Rohr, Benjamin Heikali, and Timothy J. Peter of Faruqi and Faruqi LLP.

The My Pillow False Advertising Class Action Lawsuit is Kadkhoda, et al. v. My Pillow Inc., Case No. 2:16-CV-2216 in the U.S. District Court for the Central District of California.