This class action alleges that Tommie Copper violated consumer protection laws by overstating the health benefits of its “copper-infused” athletic apparel. The class covered by this lawsuit includes any person who paid for any Tommie Copper garment that was advertised as containing copper in its fabric, prior to November 2014.
Tommie Copper makes, develops, and sells “copper-infused” athletic apparel, including compression sleeves, tops, bottoms, underwear, and socks. The company claims that its copper-infused fabric “combin[es] sport, science and skin health benefits for improved mobility, performance and relief.”
The complaint alleges that Tommie Copper has made the following claims for its copper-infused apparel:
Also, the complaint claims, Tommie Copper’s advertising campaign focuses on these claims for its copper fabric and features the recoveries of injured athletes.
The complaint alleges that none of these claims are true and cites scientific studies that refute some of them, including that copper in its simplest form cannot penetrate the skin; that copper does not increase oxygen transportation; and that copper is not an antioxidant and that free copper ions may in fact have an opposite effect.
In addition, the complaint says, Tommie Copper claims that its “proprietary PRO+IONIC copper fabric releases ions, which may help reduce the oxidants in the body and is a natural, permanent anti-bacterial agent with skin benefits” and that its products inhibit “the growth of odor causing microbes.”
However, the complaint alleges, Tommie Copper has failed to meet FDA and EPA standards for antimicrobial textiles and certain copper and its garments do not show any signs of FDA or EPA registrations or approvals.
For all these reasons, the class action claims that Tommie Copper violates consumer protection laws with its claims for its copper-infused apparel.
Tommie Copper has not yet responded to the complaint. We will update the case in November 2016 after a scheduled pretrial conference.