On Tuesday December 1, 2015, the Federal Trade Commission, the government body behind legal advertising in the United States, announced it had reached a $1.35 million settlement with Tommie Copper, a clothing company who had advertised its garments could alleviate body aches and pains special copper-infused compression wear. The announcement of the settlement comes on the heels of the FTC filing suit against the company last week in a New York Federal Court. The FTC claimed that the company committed fraud through its advertisements, claiming that the copper-infused compression wear alleviated pain better than drugs, surgery and other medical procedures.
The complaint alleged that Tommie Copper, and its owner and operator Thomas Kallish, misled customers to pay between $30 and $70 for compression shirts, socks, underwear, elbow guards, knee guards, and wrist guards, amongst other items. According to the FTC, the company had no scientific studies or conducted any research to back up their claims for pain-relieving clothes, and through these baseless representations, Tommie Copper made $87 million between 2011 and 2014.
Montel Williams, the talk show host and television personality, publicly endorsed the products in commercials and infomercials, as well as through other appearances. The complaint, which was filed in the Southern District of New York, referenced specific examples of Williams endorsing Tommie Copper clothing. It sought a permanent injunction against the garment company and also made claims for equitable relief, including for rescission or reformation of contracts, restitution to consumers, refund of monies paid, and disgorgement of ill-gotten profits.
Tommie Copper, Kallish, and Williams are also currently facing a proposed class action over the Tommie Copper clothing as well, under claims that the misleading ads violated consumer warranties, consumer protection, and unfair business practices.