Could I Speak to Your Litigator? Angry Customer Sues Retailer Lululemon Over Cotton Blend
A lawsuit alleges the athletic apparel company misled customers with claims its product was comprised of 92 percent pima cotton, a fabric deemed superior for its length and smoothness, while it only contained about 40 percent.
March 05, 2019 at 02:32 PM
3 minute read
A Florida woman is accusing one of the biggest names in athleisure wear of misleading customers about the quality of its products.
Palm Beach County resident Kiara Cruz filed suit in February against Lululemon, a Canadian retailer best known for its form-fitting and yoga-inspired athletic and casual apparel. Her complaint alleges Lululemon deliberately misled customers about the percentage of Pima cotton that can be found in its products.
Known for its smoothness, Pima cotton is widely regarded as superior to other cottons for its gentleness and comfort.
The lawsuit, which was removed to the Southern District of Florida on Monday, stems from the plaintiff's December 2016 purchase of a Lululemon Muscle Love Crop Tank at a company store in Palm Beach Gardens.
The labels claimed the tank top was 92 percent Pima cotton, but Cruz suspected otherwise. After questioning the truth of Lululemon's claims, she and her attorney Howard Rubinstein called in experts, submitting the tank she purchased to a laboratory for testing.
The results, determined by a textile expert whose findings are an exhibit in the court records, purportedly show the Muscle Love Crop Tank “contains only a fraction of the Pima cotton claimed.”
“This expert report confirms the product is not 92 percent Pima cotton,” the lawsuit alleged. “Indeed the expert report concludes that only 36 to 40 percent of the cotton in the product qualifies as Pima cotton.”
DLA Piper attorneys Fredrick H.L. McClure and Maia Sevilla-Sharon represent Lululemon. McClure declined to comment, while a request for comment from Lululemon's media relations department was not returned by deadline.
|
Read the complaint and expert report:
The specialist retained by the plaintiff, Auburn University professor Dr. Sabit Adanur, found that “rather than being 92 percent Pima cotton,” the product was instead “made from a mixture of cotton and other fibers including a significant amount of less expensive shorter cotton fibers or cotton byproduct fibers.” He derived his conclusion in part from the observed length of the fibers, which were far shorter than what would be expected of Pima cotton.
Adanur wrote “some manufacturers of yarns and fabrics … claim that their products are made of 100 percent Pima, Supima or Egyptian cotton,” despite mixing their clothes with “cheaper varieties of shorter fiber cotton.” The professor notes superior cotton types “can be up to three or more times more expensive” than inferior varieties.
“The motive is greed,” Adanur said in his report. “By unfair and unethical practice, those manufacturers want to make more money due to the price difference in different varieties of cotton.”
Cruz's complaint seeks declaratory and injunctive relief for Lululemon's alleged violation of Florida's Deceptive and Unfair Trade Practices Act. It also describes the plaintiff as “angry and sad that Lululemon would subject her to violation of state law by its conduct.” A motion for summary disposition is included with the lawsuit.
The case was removed from Palm Beach Circuit Court to the Southern District of Florida on Monday on a request from the defendant.
Plaintiffs counsel Rubinstein, who is based in Singer Island, declined to comment.
Related stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Courts of Appeal Conflicted Over Rule 1.442(c)(3) When Claims for Damages Involve a Husband and Wife
Families Settle Court Battle Over Who Owns Parkland Killer's Name, Likeness
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250