A false advertising lawsuit has been filed against Brett Bros. Sports International, Inc. by an Iowa man. The President of the company is none other than Hall of Famer and legendary baseball player, George Brett. The lawsuit, filed in the United States District Court for the Southern District of Iowa seeks class action status and more than $5 million in damages according to the Complaint filed on February 6, 2012.
The allegations center on the alleged health and/or performance benefits of the necklaces that many young athletes seem to wear these days. The lawsuit alleges that Brett Bros. falsely claims its necklaces "help relieve stiffness in the shoulders and neck, eventually stabilizing your whole body, as well as help recovery from sports fatigue, restore important ion balance, and improve concentration and focus."
The Plaintiff, who purchased his necklace at the 2011 College World Series, says he didn’t receive any of these benefits after relying upon the endorsement of George Brett.
This isn’t the first time the sports performance necklace and bracelet industry has come under attack. Last year, it was reported that Power Balance entered into a $57 million settlement and declared bankruptcy.
The lawsuit against Brett’s company specifically alleges that the company violated the Iowa "Private Right of Action for Consumer Frauds Act" (Iowa Code section 714H). Filing a class action pursuant to the statute requires approval from the Iowa attorney general’s office. The Complaint indicates that such approval has been obtained. A successful lawsuit under the statute would entitle the named Plantiff and the class members to damages, costs and reasonable attorney’s fees.