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Power Balance bracelet faces another lawsuit

Lawsuit follows 'no credible scientific evidence' admission by the manufacturer.

By Karen Datko Feb 8, 2011 12:37PM

This post comes from Truman Lewis at partner site


An Orange County, Calif., man is the latest to file a federal class-action lawsuit against the makers of Power Balance wristbands, following the company's recent admission that there is "no credible scientific evidence" that supports its claims.


Brian Casserly's suit also names celebrity endorsers Shaquille O'Neal and Lamar Odom.


In its advertisements and promotional materials, Power Balance claims its wristbands and necklaces contain two holograms on Mylar "treated with energy waves at specific frequencies," and that the product will "optimize the body's natural energy flow."

"Our allegation is it's biologically impossible for two holograms to affect your strength or performance," said D. Greg Blankinship, one of Casserly's lawyers.


Last month, after intervention by the Australian Competition and Consumer Commission, the company conceded that there is "no credible scientific evidence that supports our claims and therefore we engaged in misleading conduct in breach of" an Australian consumer protection law.


Power Balance agreed to remove misleading advertising from the product in Australia and issue a refund to any consumer who so requested.


An ACCC press release said: "Power Balance Australia Pty Ltd claimed the wristbands improve balance, strength and flexibility and worked positively with the body's natural energy field. It also marketed its products with the slogan 'Performance Technology'. The ACCC raised concerns that these claims were likely to mislead consumers into believing that Power Balance products have benefits that they do not have." 


It also said: "Power Balance has admitted that there is no credible scientific basis for the claims and therefore no reasonable grounds for making representations about the benefits of the product. Power Balance has acknowledged that its conduct may have contravened the misleading and deceptive conduct section of the Trade Practices Act 1974."


The company says it continues to "stand by our products." 


"Contrary to recent assertions in the Australian press, Power Balance has made no claims that our product does not perform," says a statement by Power Balance president Keith Kato on the website. "... Our products are based on the idea of optimizing the body's natural energy flow, similar to concepts behind many holistic and Eastern philosophies."


At least 10 other class actions have been filed against Power Balance. It's expected they will be consolidated into a single suit and heard in California, where the company is based.


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