ACCC accuses Lorna Jane of false COVID-19 protection claims over ‘LJ Shield’ clothes

Lycra empire Lorna Jane and its founder will face new court action over allegations ‘antibacterial’ activewear claimed to stop COVID-19 wasn’t even tested.

The ACCC alleges Lorna Jane did not test the garments it claimed has antibacterial properties. Picture: Annette Dew

Activewear maker Lorna Jane faces Federal Court action over claims it made during the peak of the COVID-19 pandemic that its clothing could ward off pathogens.

The company’s founder, director and chief creative officer, Lorna Jane Clarkson, has also been named in court documents by the Australian Competition & and Consumer Commission as being knowingly involved in the misleading behaviour, including personally making false or misleading claims about its ‘‘LJ Shield Anti-virus Activewear’’ in a media ­release and a video posted on Lorna Jane’s Instagram account.

The ACCC alleged Ms Clarkson was responsible for approving and authorising the marketing and promotion of LJ Shield ­Activewear products.

Lorna Jane made false and misleading claims about the LJ Shield line of activewear, the ACCC alleges. Picture: Isabella Magee

“(With) Lorna Jane Shield on our garments it meant that we were completely eliminating the possibility of spreading any deadly viruses,” Ms Clarkson is stated to have said.

“So, when you leave your home in your Lorna Jane activewear, whatever you touch, whatever you sit on, no germs or viruses will actually stick onto your garments, so that when you go home you can rest assured that once you’ve washed your hands, that nothing will go from the outside world into your home.”

The court documents show Ms Clarkson spruiked the anti-virus credentials of the LJ Shield.

“I’ve been working on this a little while ... it just so happened that COVID hit so I sped it (LJ Shield) up. It (LJ Shield) is not a gimmick.”

Lorna Jane claimed in July that its ‘‘Anti-virus Activewear’’, which was sprayed with a substance called ‘‘LJ Shield’’, eliminated and stopped the spread of COVID-19 and provided protection against viruses and pathogens, including COVID-19, when this was not the case.

The claims were made over a wide range of media including on Instagram, on its website and in stores, included “Cure for the Spread of COVID-19? Lorna Jane Thinks So”, “With Lorna Jane Shield on our garments it meant that we were completely eliminating the possibility of spreading any deadly viruses”, and “LJ Shield — Protecting you with ANTI-VIRUS ACTIVEWEAR”.

Although most of the claims were removed in mid-July, until at least November Lorna Jane had continued to represent on garment tags that the garment permanently protected the wearers against pathogens.

“It is particularly concerning that allegedly misleading claims that Lorna Jane’s LJ Shield ­Activewear could eliminate the spread of COVID-19 were made at a time when there was fear about a second wave emerging in Australia, especially in Victoria, and all Australians were concerned about being exposed to the virus,” ACCC commissioner Sarah Court said on Monday.

The Australian-owned company has 108 stores in Australia, and a number of international stores, including in the US and New Zealand.

The Therapeutic Good Administration issued three ­infringement notices to Lorna ­Jane in July, totalling $39,960.

The ACCC also alleges that Lorna Jane represented that there was a scientific or technological basis for these claims at the time they were made, when no such testing had been carried out.

“We allege that the statements made by Lorna Jane gave the impression that the COVID-19 claims were based on scientific or technological evidence when this was not the case,” Ms Court said.

“We are particularly concerned about this because consumers often trust well-known brands and assume that their marketing claims are backed up by solid evidence.”

The ACCC has action against Lorna Jane Clarkson for personally promoting the LH Shield range of clothing. Picture: Rob Williams