Wouldn’t it be wonderful if you had a spray for your clothing which protected against deadly viruses, including Covid-19?
That’s what activewear supplier, Lorna Jane, promised when it advertised that a ‘virus-killing non-toxic mist’ applied to the fabric protected wearers of gym clothes, tights, leggings and sports bras it sold. Lorna Jane called this range “LJ Shied Activewear”
Unfortunately, it was all hype and no scientific evidence existed to back up the advertising.
We don’t know whether or not this hype boosted sales for the 21 days in July 2020 that it ran this advertising on websites, Instagram, Facebook , in-store and email, but we do know that the medical regulator (the TGA) took notice and quickly issued a fine of $39,960 to Lorna Jane for advertising an unregistered therapeutic device.
But it is the consumer regulator, the ACCC that has the massive firepower when it comes to fines. In July 2021, the ACCC had the Federal Court fine Lorna Jane $5 million for this advertising because it was misleading, in breach of the Australian Consumer Law. Lorna Jane also has to undergo a 3 year consumer law education program, email all its customers and put a sign on its websites and in stores to let the world know of its fine and that it has broken the law.
The lesson is: don’t make any health or fitness claims unless you have scientific evidence to back it up. Otherwise, it will cost you dearly!