Queensland-based brand Lorna Jane fined $5m for false ‘antivirus activewear’ claim
A popular Aussie brand has been slapped with a whopping fine for making shocking false claims about ‘antivirus activewear’.
Popular Aussie-based sportswear brand Lorna Jane has been slapped with a $5m fine for false claims it made about “antivirus activewear” that could protect wearers from coronavirus.
The company was ordered to pay the fine for false and misleading representations in the Federal Court of Australia on Friday.
The company admitted it falsely claimed to consumers its LJ Shield Activewear “eliminated”, “stopped the spread” and “protected wearers” against “viruses including COVID-19” between July 2 and 23 last year.
Australia’s consumer watchdog took the company to court, and chair Rod Sims said Lorna Jane falsely promoted the range as eliminating or providing protection from coronavirus.
“This was dreadful conduct as it involved making serious claims regarding public health when there was no basis for them,” Mr Sims said.
Based in Queensland, the company also described the LJ Shield Activewear as “Cure for the Spread of Covid-19? Lorna Jane Thinks So”.
“LJ Shield is a groundbreaking technology that makes transferral of all pathogens to your Activewear (and let’s face it, the one we’re all thinking about is Covid-19) impossible by eliminating the virus on contact with the fabric,” another false statement read.
The misleading claims were aired on in-store signs, on the company’s website, on Instagram and in emails.
The activewear brand admitted it falsely represented it had a scientific or technological basis for making the antivirus claims, and it had no scientific results or evidence to show the effectiveness of the “LJ Shield Activewear”.
The company sought to “exploit the fear and concern” surrounding the deadly pandemic, Justice Darryl Rangiah said in his remarks.
“Lorna Jane sought to exploit that fear and concern of the public through the use of misleading, deceptive and untrue representations about the properties of LJ Shield activewear,” he wrote.
The brand has also been banned from making any “antivirus” claims regarding its activewear clothing unless it has a reasonable basis for doing so. It must publish corrective notices and must pay the consumer watchdog’s costs.
The company’s chief executive, Bill Clarkson, said a trusted supplier let the company down.
“A trusted supplier sold us a product that did not perform as promised. They led us to believe the technology behind LJ Shield was being sold elsewhere in Australia, the USA, China and Taiwan and that it was both antibacterial and antiviral,” he said in a statement on Friday.
The brand’s founder, Ms Clarkson, apologised and said she cared deeply about her customers and was saddened by what happened.
“I sincerely apologise to our customers. The company was let down by its supplier and I feel that I was let down personally by people I trusted,” she said.
“I have spent 35 years building a business that supports and empowers women – I would never intentionally put that at risk. I am committed to being better and doing better for all the women who love and support our brand,” Ms Clarkson said.
The Australian Competition and Consumer Commission launched action against the brand in December 2020.
The brand has more than 100 stores in Australia as well as shops in the US and New Zealand.