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Under Armour Claims for Rush Athletic Clothing NY, NJ, PA Class Action

Under Armour, Inc. (UA) makes a “Rush” line of athletic clothing which it claims are “the Fabric Version of an Infrared Sauna, Recycling the Body’s Energy During Performance.” But the complaint for this class action alleges that the company’s claims for these clothes are false and that they do not do what the company claims they do.

The class for this action is all those who live in New York, New Jersey, and Pennsylvania who bought the product during the applicable statutes of limitations.

Under Armour describes the Rush line of clothing as made from a kind of “bioceramic,” a “mineral-infused fabric designed to enhance performance, giving athletes that extra edge by recycling the body’s energy during moments of performance.”

The complaint quotes UA as to how the clothing works: “During performance, the body emits heat. The responsive UA RUSH Fabric absorbs that heat and converts it into infrared energy that is re-emitted back into the body. This recycled energy increases temporary localized circulation, promoting improved performance, energy and recovery. When worn, UA RUSH stimulates increased endurance and strength.”

The website, as quoted in the complaint, states, “No wasted energy, only more gains. UA RUSH uses a mineral-infused fabric to take the energy you give off when you work and reflect it back into your muscles, increasing blood flow and helping them work harder.”

According to the complaint, UA does not use the words “far infrared radiation” (FIR) on its website for US customers, but it does use it on websites targeted at those in other countries: “The soft bioceramic print on the inside of the garment absorbs the body’s natural heat and reflect Far Infrared back to the skin.”

UA believes that this FIR goes through the skin into subcutaneous tissue. The complaint says, “This ‘recycled energy’ is said to increase blood circulation, leading to improved athletic performance through greater energy and faster recovery.”

However, the complaint alleges that this claim is false because FIR cannot penetrate human tissue: “Human tissue is close to 70% water, which means it becomes opaque to infrared as the wavelength increase[s] into the FIR [range]” with “a tissue penetration of about 0.1mm.” It asserts that FIR therefore cannot provide benefits like increase circulation.

The complaint draws a conclusion: “Even if FIR was capable of the effects claimed, the FIR generated by the Product would not be of sufficient intensity to achieve the advertised benefit.” It further says that, because of the dangers of far-infrared radiation, “if the Product were to have the effects claimed by [UA], this would be dangerous for consumers.” It alleges that the product’s advertising makes “false promises” and that the clothing cannot supply the advertised benefits.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Under Armour Claims for Rush Athletic Clothing NY, NJ, PA Complaint

December 14, 2020

Under Armour, Inc. (UA) makes a “Rush” line of athletic clothing which it claims are “the Fabric Version of an Infrared Sauna, Recycling the Body’s Energy During Performance.” But the complaint for this class action alleges that the company’s claims for these clothes are false and that they do not do what the company claims they do.

Under Armour Claims for Rush Athletic Clothing NY, NJ, PA Complaint

Case Event History

Under Armour Claims for Rush Athletic Clothing NY, NJ, PA Complaint

December 14, 2020

Under Armour, Inc. (UA) makes a “Rush” line of athletic clothing which it claims are “the Fabric Version of an Infrared Sauna, Recycling the Body’s Energy During Performance.” But the complaint for this class action alleges that the company’s claims for these clothes are false and that they do not do what the company claims they do.

Under Armour Claims for Rush Athletic Clothing NY, NJ, PA Complaint
Tags: Athletic Performance Claims, Claims Unsupported By Scientific Evidence, Deceptive Advertising, Deceptive Labels