New York residents have filed a putative nationwide class action against two New Jersey-based companies that purportedly make and sell women’s undergarments with fabric containing embedded minerals and nutrients, falsely promising that they can permanently change women’s body shape and skin tone. Caramore v. Maidenform Brands, Inc., No. 13-6122 (U.S. Dist. Ct., E.D.N.Y., filed November 5, 2013). Produced by a Spanish company, the fabric is allegedly advertised as containing caffeine "to promote fat destruction; vitamin E to prevent the effects of aging; ceramides to restore and maintain the skin’s smoothness; and retinol and aloe vera to moisturize and increase the firmness of the skin." According to the complaint, the Federal Trade Commission calls such representations "about as credible as a note from the Tooth Fairy."
Claiming that they relied on the defendants’ anti-cellulite misrepresentations in making their purchases of the "shapewear" and failed to receive the benefit of their bargain, the plaintiffs allege violation of the New Jersey Consumer Fraud Act, breach of express warranties and unjust enrichment. They seek actual, statutory, punitive, or treble damages; interest; injunctive relief; attorney’s fees; and costs.