Judge Gives Go-Ahead for $700K Tommie Copper False Ad Settlement

A federal judge has granted preliminary approval of a $700,000 settlement resolving false advertising claims over the Tommie Copper line of athletic clothes.

The settlement wraps up two false advertising class action lawsuits challenging claims by defendants Tommie Copper Inc. and its founder Thomas Kallish that the company’s copper-lined athletic clothing can relieve pain.

U.S. District Judge Analisa Torres granted preliminary approval of the settlement in an order issued Tuesday.

The settlement requires Tommie Copper to pay $700,000 into a settlement fund, to be distributed among qualifying Class Members after first covering court costs, attorneys’ fees, settlement administration costs, and any incentive award for the class representatives.

Class Members whose purchases are documented either in the defendant’s records or by a printed receipt or retail rewards submission may receive $10 for each Tommie Copper item purchased. Class Members whose purchases are undocumented and who substantiate their claim with an affidavit can receive a maximum of $5.

Alternatively, Class Members can get a 40 percent larger award if they apply their entire award to a new purchase from the Tommie Copper website.

Plaintiffs in the Tommie Copper class action lawsuits claimed the company falsely promised its compression garments could alleviate the pain associated with conditions like arthritis and multiple sclerosis.

The company allegedly claimed Tommie Copper garments were more effective at relieving pain than drugs or surgery. The clothing line was endorsed by Montel Williams, who suffers from multiple sclerosis.

Similar allegations of false advertising resulted in a lightning-fast $1.35 million settlement with the U.S. Federal Trade Commission in December 2015. Tommie Copper worked out the settlement within one week after the FTC filed suit against the company.

The settlement notification process is due to begin by Jan. 18, 2018, according to Judge Torres’s order. Class Members will have until March 19 to submit a claim, object to the settlement, or exclude themselves from the settlement. A final hearing is scheduled for May 1.

The settlement Class covers all persons in the U.S., its territories, or any U.S. military facility or exchange who purchased Tommie Copper products directly from the defendants through internet or telephone orders or at the Tommie Copper retail location in Westchester, N.Y. from April 11, 2011 through Dec. 19, 2017 (the date of preliminary settlement approval).

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Class counsel includes Antonio Vozzolo of Vozzolo LLC, Nadeem Faruqi of Faruqi & Faruqi, and Ronald A. Marron of The Law Offices of Ronald A. Marron.

The Tommie Copper False Advertising Class Action Lawsuits are Lucero, et al. v. Tommie Copper Inc., et al., Case No. 1:15-cv-06055, and Potzner v. Tommie Copper Inc., Case No. 7:15-cv-03183, in the U.S. District Court for the Southern District of New York.

UPDATE: January 2018, the Tommie Copper class action settlement is now open. Click here to file a claim.