ACCC to take Court action against Lorna Jane over ‘anti-virus active wear’ claims

The Australian Competition and Consumer Commission (ACCC) is to take Court action over active wear brand Lorna Jane’s claims that its clothes could protect against Coronavirus.

With the consumer watchdog taking action against businesses spurious pandemic claims, the legal action against the Australian active wear brand follows it having been fined almost $40,000 in July by the Therapeutic Goods Administration (TGA) for claiming its clothing could eliminate COVID-19 and stop it spreading.

Launching its claimed ‘anti-virus’ activewear’, sprayed with a treatment called LJ Shield, the company claimed it protected wearers against pathogens with advertisements on the brand’s website, stores and on Instagram using the tag “Cure for the Spread of COVID-19? Lorna Jane Thinks So”.

Information on its website stated "LJ Shield breaks through the membrane shell of any toxic diseases, bacteria or germs that come into contact with it, not only killing that microbe but preventing it from multiplying into anymore.”

Announcing the action, ACCC Commissioner Sarah Court said it was “particularly concerning” the claims were made at a time when there were fears of a second wave of the pandemic in Australia.

Court advised “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.

“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.”

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 founder and 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 US and New Zealand.

In a statement, Lorna Jane said it had assisted the ACCC with its investigation and was extremely disappointed about the legal action.

The statement noted “we have assisted the Commission in its investigations to date and are extremely disappointed that the Commissioner has decided to start court action," it said in a statement.

"We will be defending ourselves in the Federal Court against the Commission's allegations.

After the TGA fine in July, the company said in a statement it was not trying to claim the clothing was a cure for COVID-19, commenting “we are not saying LJ Shield will stop you coming into contact with bacteria, we are saying LJ Shield is an added protection like hand sanitiser but for the clothes you wear.”

In July, Dr Harry Nespolon, President of the Royal Australian College of General Practitioners, described the marketing as a cynical ploy to exploit pandemic fears, stating “if you spray their product onto any fabric and expect that it will act as a 'shield of protection' for you by breaking through the 'membrane shell of any toxic diseases' I have some bad news for you - this will not happen.

"The only thing that will be 'terminated' by the 'shield particles' is the money in your bank account.”

Court said the charges come as the watchdog continues to focus on claims made during the pandemic, adding “we will continue to look closely at allegations relating to companies seeking to take advantage of the crisis by engaging in illegal conduct to enhance their commercial position or harm consumers.”

Images: Tag on Lorna Jane's LJ Shield range of clothing (top) and a Lorna Jane infographic on the product (below).