Gymshark class action lawsuit overview:
- Who: Plaintiff Mihaela Lupea filed a class action lawsuit against Gymshark USA Inc.
- Why: Lupea claims Gymshark engages in deceptive marketing practices by failing to disclose its paid relationships with influencers.
- Where: The Gymshark class action lawsuit was filed in New York federal court.
A new class action lawsuit alleges Gymshark engages in deceptive influencer marketing practices by failing to disclose said paid relationships.
Plaintiff Mihaela Lupea claims Gymshark’s marketing strategy relies heavily on influencers who fail to disclose they are being paid to promote the brand’s products.
Lupea argues Gymshark’s marketing strategy misleads consumers into believing the influencers’ endorsements are genuine and unbiased, which she claims induces consumers to purchase Gymshark products or pay higher prices than they otherwise would have.
“Plaintiff observed that Gymshark’s prices were comparable to or higher than competing products but believed that Gymshark’s apparent popularity, consumer acceptance and brand desirability reflected genuine consumer sentiment and organic market demand,” the Gymshark class action lawsuit says.
Lupea wants to represent a class of U.S. and Canadian consumers who purchased Gymshark-branded products after being exposed to Gymshark influencer marketing that allegedly failed to disclose a material connection between the influencer and Gymshark.
Gymshark uses influencers with smaller followings, class action claims
Lupea claims Gymshark deliberately targets influencers who are “typically not household names” to make their endorsements appear more authentic and to avoid scrutiny.
Further, Lupea argues Gymshark influencers’ failure to disclose their paid relationships with the brand violated the Federal Trade Commission (FTC) guidelines and social media platform rules.
“Gymshark’s marketing strategies are deceptive and unfair — as confirmed by direct guidance and authority from the (FTC) and social media platforms like Instagram,” the Gymshark class action lawsuit says.
Lupea claims Gymshark is guilty of unjust enrichment and of violating New York General Business Law. She demands a jury trial and requests declaratory and injunctive relief and an award of actual, statutory and punitive damages for herself and all class members.
A group of eight consumers filed a similar class action lawsuit against Shein last year over claims the fast-fashion company tried to hide the fact that it paid social media influencers to promote its products.
Have you purchased Gymshark-branded products after being exposed to Gymshark influencer marketing? Let us know in the comments.
The plaintiff is represented by Carter Greenbaum and Casey Olbrantz of Greenbaum Olbrantz LLP and Bodgdan Enica of Access Law Group (Illinois).
The Gymshark class action lawsuit is Lupea v. Gymshark USA Inc., Case No. 1:26-cv-05073, in the U.S. District Court for the Southern District of New York.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
