A West Virginia U.S. District Judge, John T. Copenhaver Jr., said that Riddell Inc. cannot escape the youth football helmet suit filed against the company. On Friday, June 17, 2016, Judge Copenhaver found that the proposed class action, brought by a youth football league, contains claims that are plausible.
Midwestern Midget Football Club Inc.’s filed suit against the helmet maker in 2015. The suit alleges that the helmet company overcharged consumers for football helmets, justifying the premium cost with the results of a statistically inaccurate concussion study. Midwestern claims that the league purchased helmets based on Riddell’s advertising that the Revolution brand helmets reduced the risk of player concussion by 31 percent when compared to other brands of youth football helmets. The study that the company used to base concussion reduction claims was, allegedly, funded by Riddell, co-authored by the company’s employees, and publically criticized by third-party scientists.
After being dismissed, Midwestern filed a second amended complaint. The amended complaint’s claims focus on Riddell’s advertising of University of Pittsburgh Medical Center study to encourage sales. Riddell promoted the results on packaging and other promotional material related to the Revolution football helmets, however, the study did not pertain to youth helmets. Midwestern argues that the study did not focus on youth football players and, thus, should not have been marketed to that group.
In 2000, while Riddell’s Revolution helmet was preparing for production, a biomenchanics firm, Biokenetics, hired by the NFL and retained by Riddell, sent a report to the company showing that concussions could not be completely prevented by a football helmet.
Additionally, Riddell has faced lawsuits from NFL players related to NFL concussion litigation. NFL players recently sued Riddell after uncovering new evidence that the company knew more about the risks of concussions than previously disclosed. Although the NFL has settled the concussion suit, Riddell refused to bargain with the players. Players part of the NFL settlement may still pursue Riddell. The privately held company faces bankruptcy if unable to win or settle the suits.