Class Action Targets Wacoal, Maidenform ‘Cellulite’ Shapewear

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Maidenform Brands Inc. and Wacoal America Inc. have been targeted by a proposed class action lawsuit accusing the companies of falsely advertising their shapewear fabrics as having the ability to permanently alter a person’s body shape and skin tone. The products targeted in the class action lawsuit are the “Novarel Slim iPant” and Maidenform’s Instant Slimmer collection of shapewear sold under its “Flexees” brand name.

Plaintiffs Christina Caramore and Michelle Martine filed the Maidenform class action lawsuit, taking issue with shapewear fabric manufactured by Nurel SA of Spain, which supposedly contains ingredients that can be absorbed by the body and permanently change the wearer’s skin tone and body shape. Specifically, the plaintiffs claim that the intimate apparel companies advertised their shapewear products as being constructed with “embedded microcapsules containing caffeine to promote fat destruction, vitamin E to prevent the effects of aging, ceramides to restore and maintain the skin’s smoothness, and retinol and aloe vera to moisturize and increase the firmness of the skin.” However, Caramore and Martine argue that these ingredients do not function as promised.

“As a result of Defendants’ misrepresentations, Plaintiffs and the class have suffered out-of-pocket losses, did not receive the benefit of the bargain, and have been damaged,” the Maidenform class action lawsuit says. The plaintiffs claim they are entitled to a full refund of their purchases.

According to the class action lawsuit, “Nurel manufactures, markets and sells fabric to lingerie companies, including defendants, for use in shapewear. Nurel differentiates its fabric by claiming that the fabric is constructed with ‘active principles embedded in the fibers in a homogeneous way.”

Specifically, the class action lawsuit takes issue with Maidenform’s Instant Slimmer collection and Wacoal’s iPant product. Maidenform indicates on their website and product labels that its Instant Slimmer collection promotes “fat destruction” and “reduces appearance of cellulite.”

According to the class action lawsuit, Wacoal reportedly advises women to “wear the iPant 8 hours a day, 7 days a week for 28 days,” claiming that after following this regimen, “most women reported improved appearance, a reduction in thigh measurement and that their clothes felt less tight.”

The Maidenform false advertising class action lawsuit cites research from the Mayo Clinic, which found that cellulite cannot be “cured” with topical applications. However, Nurel advertises that its ingredients in its nutrient-enriched fabrics are scientifically proven to control cellulite and reduce fat.

In their class action lawsuit, the plaintiffs accuse Maidenform and Wacoal of taking advantage of women’s insecurities about their bodies, claiming that the companies “know that the annual revenue of the U.S. weight-loss industry is $20 billion, sales of shapewear are estimated at $1 billion annually, and sales of ‘nutrient-infused’ textiles or ‘cosmeto-textiles’ are estimated at more than $600 million annually.” They claim that the companies charge up to 50 percent more for shapewear products that contain the Nurel “cosmeto-textiles” than they charge for comparable shapewear that does not purport to contain nutrients.

The plaintiffs claim that Maidenform and Wacoal were able to charge a premium for their shapewear products by misleading and deceiving consumers about their purported benefits. In their class action lawsuit, they are alleging violations of the New Jersey Consumer Fraud Act, breach of express warranties and unjust enrichment.

The plaintiffs are represented by Andres F. Alonso of Alonso Krangle LLP and Elizabeth A. Fegan and Steve W. Berman of Hagens Berman Sobol Shapiro LLP.

The Wacoal, Maidenform Shapewear Class Action Lawsuit is Christina Caramore, et al. v. Maidenform Brands Inc., et al., Case No. 2:13-cv-06122, in the U.S. District Court for the Eastern District of New York.