Luminox Watch Faces Fogging Problem Class Action

Lumondi, Inc., doing business as Luminox Watch Company, imports Luminox watches, which are advertised as the “Official Watch of the Navy SEALS.” According to the complaint, the company also markets its watches to “military service members, scuba divers, first responders, athletes and ‘rugged outdoorsmen’ seeking ‘extreme performance’ from their timepieces.” However, the complaint alleges that, contrary to its trademark, the watch face is not “Always Visible.”

The Nationwide Class for this action is all persons in the US who, during the longest period of time permitted by law, bought a Luminox watch. A California Subclass has also been defined, for persons in California.

Nationwide Class — All persons in the United States who, during the longest period
of time permitted by law, purchased a Luminox watch.
California Subclass — All persons in California who, during the longest period of
time permitted by law, purchased a Luminox watch.

The watces, the complaint says, have “a technology that illuminates the dials with a ‘self-powered illumination system that utilizes tiny micro gas light tubes to create ultimate visibility in complete darkness, under any conditions.’”

Not true, says the complaint: “Lumondi has been aware that Luminox watches contain a defect that causes their watch faces to fog when worn outdoors in either cold or hot temperatures (the ‘Fogging Defect’). As a result of the Fogging Defect, Luminox watches exposed to outdoor temperatures below approximately 40 degrees Fahrenheit or above approximately 90 degrees Fahrenheit remain cloudy until the watches return to room temperature.”

The watch came into being in 1992, when the officer in charge of procurement for the US Navy’s Sea, Air, and Land Teams (SEALs) had to find a more dependable watch for night missions. Lumondi claims that he worked with Barry Cohen, Luminox’s founder, to develop a watch that met the SEALs needs for operating in all environments. The original Luminox 3001 Original Navy SEAL watch came out in 1994.

According to the complaint, “Lumondi has acknowledged the Fogging Defect, but shockingly defends it as being ‘normal’” even though the fogged watch face may become unreadable.

A FAQ page on its website shows the question, “Is it Normal for a Watch Crystal to fog up?” The answer given is that it will do so “under certain circumstances” when condensation builds up inside the watch “due to natural humidity” if the watch “is exposed to extremes of heat and cold in quick succession…”

The complaint reproduces marketing materials that show a diver at the surface in the middle of floating chunks of ice.

The complaint also features photos of the fogged face of plaintiff Scott Biddick’s watch. Although he contacted Luminox and sent the watch to the designated jeweler for servicing, he has been told that there is nothing wrong with it.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Luminox Watch Faces Fogging Problem Complaint

September 30, 2020

Lumondi, Inc., doing business as Luminox Watch Company, imports Luminox watches, which are advertised as the “Official Watch of the Navy SEALS.” According to the complaint, the company also markets its watches to “military service members, scuba divers, first responders, athletes and ‘rugged outdoorsmen’ seeking ‘extreme performance’ from their timepieces.” However, the complaint alleges that, contrary to its trademark, the watch face is not “Always Visible.”

Luminox Watch Faces Fogging Problem Complaint

Case Event History

Luminox Watch Faces Fogging Problem Complaint

September 30, 2020

Lumondi, Inc., doing business as Luminox Watch Company, imports Luminox watches, which are advertised as the “Official Watch of the Navy SEALS.” According to the complaint, the company also markets its watches to “military service members, scuba divers, first responders, athletes and ‘rugged outdoorsmen’ seeking ‘extreme performance’ from their timepieces.” However, the complaint alleges that, contrary to its trademark, the watch face is not “Always Visible.”

Luminox Watch Faces Fogging Problem Complaint
Tags: Breach of warranty, Deceptive Advertising, Item Does Not Do What It Is Advertised to Do