Fila Sued for Claims About its Workout Apparel

Fila is the latest in a string of athletic apparel companies to face a class action claiming it pushes its goods with bogus claims, in this case, that they can "'sculpt [and] tone' the body, causing a '50 percent increase in muscle workouts' while walking, running, or just doing errands and provide '41 percent more support' than traditional workout clothing." 

The plaintiff, Bertha Castaneda, said she purchased Fila work-out clothing after seeing the company's advertisements, was disappointed with the results and would not have made the purchase had she known that the company's claims were false, the suit alleges.

Fila launched its BTS Apparel collection in October 2010, proclaiming it to be the first women's fitness toning apparel that “shapes the body and dramatically improves workout efficiency.”

The company's promotional material claims that BTS Apparel uses double lawyers of Lycra sport fabric, delivering “significant health and exercise benefits.” One print advertisement claims that BTS Apparel will “compress active muscles for a 50% increase in muscle workouts.”

The suit alleges the claims are made “without sufficient testing or adequate substantiation” and charges that Fila “lacks adequate scientific evidence supporting its representations.”

Castaneda says she was misled by the advertising claims which she says were “a material factor” in her decision to buy the BTS Apparel.

“Fila, by contrast, reaped enormous profits from its false marketing and advertising campaign,” according to the suit, filed in U.S. District Court for the Southern District of California. It seeks an award of damages, injunctive relief and legal fees.