Alabama residents have filed a putative class action in federal court against Power Balance, LLC, alleging false and misleading claims for the company’s “holographic wristbands and pendants” Keller v. Power Balance, LLC, No. 11-00243 (U.S. Dist. Ct., N.D. Ala., Ne. Div., filed January 26, 2011). According to the complaint, the company claims that its products “help to promote balance, flexibility, strength, and overall wellness.” Noting that the company used celebrity athletes to endorse the products and that the company was forced to issue corrective advertising after a governmental investigation in Australia and to issue refunds, the plaintiffs seek to certify a nationwide class of consumers.
Alleging breach of express warranty, unjust enrichment and the violation of state deceptive trade practices law, the plaintiffs ask for injunctive relief, including corrective advertising, notification to purchasers giving them the opportunity to obtain restitution, disgorgement, punitive damages, attorney’s fees, and costs. The complaint alleges that the defendant’s false advertising campaign for “ordinary rubber jewelry,” has boosted initial sales in 2007 of $8,000 to $35 million in 2010. The complaint also alleges that Power Balance admitted, in response to the Australian investigation that “there is no credible scientific evidence that supports our claims.”