Perry Ellis International, Inc. makes cotton shirts that are represented as being between 60% and 65% Pima cotton. Pima cotton is known for its longer fibers, which supposedly make a stronger, softer, and more durable fabric. But the complaint for this class action alleges that the fibers in the Perry Ellis shirts are shorter than Pima fibers should be, suggesting that the shirts contain less Pima cotton than advertised.
The class for this action is all Illinois residents who bought the Perry Ellis shirts during the applicable statutes of limitations.
The Textile Fiber Products Identification Act requires that clothing companies provide accurate information about the fiber content. The Perry Ellis shirts are advertised as containing between 60% and 65% Pima cotton, with the rest of the material made up of polyester or other fabrics.
The complaint alleges, “The main criteria to identify the type of cotton or other fiber is the fiber length.”
Pima cotton is known for its long fibers of between 1.2 and 1.44 inches. These make for a softer, stronger, more durable material, which is considered higher quality and sells for more than ordinary cotton.
Unscrupulous manufacturers might be tempted to mix cotton byproducts or shorter-fiber cottons with Pima cotton to mislead consumers. However, the complaint claims that the ASTM, or American Society for Testing and Materials, a global organization that sets standards, has developed a Single-Fiber Test that the complaint says “can determine the length and length distribution of manufactured staple fibers in clothing.”
According to the complaint, one of the Perry Ellis products, purportedly containing 61% Pima cotton, was tested in a laboratory for its fabric content. The complaint alleges, “The Product did not contain any fibers exceeding 1.2 inches, with an average fiber length of 0.856 inches.”
“Even adjusting for a twenty-five (25) percent reduction of the fibers during the manufacturing processes,” the complaint alleges, “the Product would only contain a maximum of fifty-five (55) percent Pima cotton.”
The complaint claims that the length of only the cotton fibers was tested, not the length of the polyester or other fibers: “This means the total number of fibers which would qualify as Pima cotton would be only 33.55%.”
The complaint thus contends that the shirt tested is “made from a significant amount of less expensive shorter cotton fibers or cotton by product fibers.” This means, the complaint claims, that the value of the shirts was materially less than what the company represented.
The causes of action include breaches of warranties, negligent misrepresentation, and fraud, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Perry Ellis Shirts Pima Cotton Content Illinois Complaint
July 14, 2021
Perry Ellis International, Inc. makes cotton shirts that are represented as being between 60% and 65% Pima cotton. Pima cotton is known for its longer fibers, which supposedly make a stronger, softer, and more durable fabric. But the complaint for this class action alleges that the fibers in the Perry Ellis shirts are shorter than Pima fibers should be, suggesting that the shirts contain less Pima cotton than advertised.
Perry Ellis Shirts Pima Cotton Content Illinois ComplaintCase Event History
Perry Ellis Shirts Pima Cotton Content Illinois Complaint
July 14, 2021
Perry Ellis International, Inc. makes cotton shirts that are represented as being between 60% and 65% Pima cotton. Pima cotton is known for its longer fibers, which supposedly make a stronger, softer, and more durable fabric. But the complaint for this class action alleges that the fibers in the Perry Ellis shirts are shorter than Pima fibers should be, suggesting that the shirts contain less Pima cotton than advertised.
Perry Ellis Shirts Pima Cotton Content Illinois Complaint