Popular activewear brand Lorna Jane is being taken to court by the consumer watchdog for allegedly falsely claiming its clothes could eliminate COVID-19 and stop it spreading.
The company in July claimed its anti-virus activewear had been sprayed with a substance called 'LJ Shield' which protected people against pathogens.
Advertisements on the brand's website, stores and on Instagram used the tag "Cure for the Spread of COVID-19? Lorna Jane Thinks So".
The Australian Competition and Consumer Commission (ACCC) on Monday launched federal court legal action against Lorna Jane for allegedly making false and misleading clams.
ACCC Commissioner Sarah Court said it was "particularly concerning" the claims were made at a time when there were fears of a second wave in Australia, especially Victoria.
"We allege 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."
Lorna Jane in July copped a $40,000 fine from the Therapeutic Goods Administration for failing to seek correct approval for the ads.
Images posted on Lorna Jane’s Instagram account in July 2020. Source: The Australian Competition and Consumer Commission
Other lines on ads included "With Lorna Jane Shield on our garments it meant that we were completely eliminating the possibility of spreading any deadly viruses".
The ACCC says most of the claims were removed in mid-July but tags on clothing continued to contain the pathogen protective claims until November.
It is also alleged company director Lorna Jane Clarkson was "knowingly concerned" in the conduct and made false or misleading claims about the activewear in a media release and video.
Lorna Jane has 108 stores in Australia, plus several international stores, including in the USA and New Zealand.
The company has been contacted for comment.
People in Australia must stay at least 1.5 metres away from others. Check your jurisdiction's restrictions on gathering limits. If you are experiencing cold or flu symptoms, stay home and arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080.
Please check the relevant guidelines for your state or territory: NSW, Victoria, Queensland, Western Australia, South Australia, Northern Territory, ACT, Tasmania.
