WaveCel Bicycle Helmets Concussion Protection Claims Class Action

In a press release, Trek Bicycle Corporation touted its Bontrager WaveCel bicycle helmets as “A major advancement in the protection against cycling-related head injuries.” The complaint alleges that the marketing and promotion of this helmet gives the impression that it can reduce the incidence of concussion better than other helmets. However, the complaint contends that that impression is false.

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

The same press release, the complaint says, touts the helmet as “up to 48x more effective than traditional foam helmets in protecting your head from injuries caused by certain cycling accidents.”

Another marketing quotation in the complaint says, “WaveCel is a revolutionary helmet safety tech that’s available exclusively in these Bontrager helmets. … These WaveCel road, mountain, commuter, and e-bike helmets are remarkably effective at preventing concussions caused by common cycling accidents.”

The complaint notes that much of Trek’s marketing information avoids the use of the word “concussion,” using instead terms like “angled impact” and “injuries caused by certain cycling accidents” and “brain injury prevention.” The complaint alleges that “reasonable consumers” understand that “the terms [Trek] uses to promote the Product are intended to refer to concussions, even if [Trek] does not explicitly say so.”

According to the complaint, Trek “conducted what would appear to be a scientific test regarding the purported concussion protective benefits” of the helmet. However, it says, the helmets do not in fact provide the protection against concussion promised.

The complaint alleges the claims about the study are false and misleading for several reasons, including these alleged defects in such studies:

  • There is no “definition or determination” for “concussion,” a clinical diagnosis.
  • Brain injuries happen when the head stops moving, but the brain “continues to move and strikes the inside of the skull…”
  • Helmets have not been shown to have an effect on whether or not a concussion happens or on brain or head injury.
  • A randomized, double-blind study of this issue is not possible; and studies that have been done are flawed or not conclusive.
  • Trek’s study “includes non-standard assumptions contradicted by real world standards.”
  • None of Trek’s helmets were used in Trek’s study; the study was done with Scott ARX helmets that had the WaveCel component added to them.

The complaint concludes that the “up to 48x more effective” claim is false and misleading.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

WaveCel Bicycle Helmets Concussion Protection Claims Complaint

January 7, 2021

In a press release, Trek Bicycle Corporation touted its Bontrager WaveCel bicycle helmets as “A major advancement in the protection against cycling-related head injuries.” The complaint alleges that the marketing and promotion of this helmet gives the impression that it can reduce the incidence of concussion better than other helmets. However, the complaint contends that that impression is false.

WaveCel Bicycle Helmets Concussion Protection Claims Complaint

Case Event History

WaveCel Bicycle Helmets Concussion Protection Claims Complaint

January 7, 2021

In a press release, Trek Bicycle Corporation touted its Bontrager WaveCel bicycle helmets as “A major advancement in the protection against cycling-related head injuries.” The complaint alleges that the marketing and promotion of this helmet gives the impression that it can reduce the incidence of concussion better than other helmets. However, the complaint contends that that impression is false.

WaveCel Bicycle Helmets Concussion Protection Claims Complaint
Tags: Claims Unsupported By Scientific Evidence, Deceptive Advertising, Protective Products