Dec 22, 2020 11:27 AM EST
Lorna Jane, an activewear brand, was taken to court over claims that its clothes could protect a wearer from COVID-19.
In July, the activewear brand Lorna Jane claimed that its clothes were sprayed with an "anti-virus" substance that acts as an LJ shield, BBC News reported. On its website and stores, advertisements used the tag: "Cure for the Spread of COVID-19? Lorna Jane Thinks So"
Australia's consumer watchdog launched federal court action on Monday against the firm for reportedly making false and misleading claims. The Australian Competition and Consumer Commission (ACCC) said it was "specifically concerning" that claims were made during the time when there were fears of Australia's second wave.
The court said that they allege the statements given by Lorna Jane regarding the impression that COVID-19 claims are based on scientific or technological evidence when it was not actually the case. Lorna Jane was fined $40,000 in July by the Therapeutic Goods Administration (TGA) for failing to seek approval prior to making the claims.
Lorna Jones denied that it is trying to claim the clothing was a cure for the coronavirus, after being fined in July. The company said they are not saying LJ Shield will stop a person from contracting the virus. What they want to impose is that LJ Shield is an added protection.
The ACCC filed the proceedings in the Federal Court on Monday. The "anti-virus activewear" range was launched in July and prayed with 'LJ Shield,' a provided protection against COVID-19, the company claimed.
According to Daily Mail, the ACCC also accused the company that there was scientific evidence supporting these claims. Allegedly, the company's founder and director Lorna Jane Clarkson created misleading information in social media as well as in a media release.
The ACCC seeks penalties, corrective notices, declarations, injunctions, and orders to implement a compliance program. On Monday, a spokeswoman from the activewear Lorna Jane told Daily Mail Australia that the company had been advised that the ACCC commenced proceedings in the Federal Court against Lorna Jane Clarkson and Lorna Jane Pty Ltd after investigations into representations made regarding the properties of LJ Shield.
The spokeswoman added that they have assisted the Commission in the investigations to date and are disappointed that the Commission decided to start court action. "We will be defending ourselves in the Federal Court against the Commission's allegations. Now, the proceedings are before the court, neither Clarkson nor the company will be making a further comment at this stage."
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