Download pdf of class action lawsuit against Power Balance
The Power Balance® products class action lawsuit is related to how the company marketed their wristbands, bracelets, pendants, and the other mylar hologram products they sold by purposefully misleading the public and falsely advertising and marketing regarding close proximity body placement equals body enhancement benefits.
Some of the Power Balance bracelet claims have been when worn close to the body the user may experience physiological benefits including but not limited to increased strength, balance, flexibility, and other claims made by those selling these retail.
I have heard claims of better grades in school by wearing these ridiculous things. The reality outside of the realm of magic and fairy dust is that the bracelet offers 100 % no physiological benefits whatsoever. GOT IT! GOOD!
Batungbacal vs. Power Balance LLC et al., Case No. SACV-11-18 CJC
Unites States District Court – Central District of California, Southern Division.
Judge Cormac J. Carney
ABOUT THE LAW FIRMS:
The Power Balance class action lawsuit is being brought by two premier Southern California Plaintiff Law Firms:
Panish Shea & Boyle LLP
The X-Law Group PC
ABOUT THE PRODUCT:
Power Balance has distributed in commerce, among other things, the Power Balance Bracelets, Power Balance Wristbands, Power Balance Pendants, Power Balance necklaces and other Power Balance Jewelry. (“Power Balance Accessories”). The Power Balance Accessories are sold with one unifying notice, that they contain one or more “Mylar Holograms” which are worn sitting close to the body. Since beginning to sell and distribute the Power Balance Accessories, Power Balance made the same, consistent and repeated representations on their websites, on packaging, in store displays, at live exhibitions, through paid testimonials, through press releases and in other forms of marketing and advertising, representing that the “Mylar Holograms” contained in every Power Balance Accessory maintained properties they didn’t as well as gave users and/or consumers that wore a Power Balance Accessory physiological benefits they couldn’t.
The plaintiff in this case is Andre Batungbacal and is individually and on behalf of others complaining and alleging several things in the class action. The defendants are Power Balance LLC, Josh Rodarmel, Troy Rodarmel, and Keith Kato. They are accused of deceptive and misleading conduct in marketing advertising, selling, promoting and distributing products by them manufctured, sold and/or distributed.
In the lawsuit they are collectively referred to as Power Balance Accessories. The defendants began selling these bracelets in 2007. Each bracelet or product is sold with one unifying notice and that is that they contain one or more “Mylar Holograms” which should be worn sitting close to the body.
Some of the supposed benefits claimed but yet could not be delivered by the Power Balance bracelet are:
- “Power Balance holograms are embedded with frequencies that react positively with your body’s natural energy field to improve balance, strength and flexibility;
- “Power Balance holograms are designed to work with your body’s natural energy field;
- Power Balance is Performance Technology;
- Power Balance products boost the body’s self defense mechanisms creating the immediate benefits of strength, balance and flexibility gain;
- When the hologram comes into contact with your body it gives you that added balance, stregth, flexibility;
- Use of the Power Balance results in lots of endurance and stamina”
By the use of these claims the defendants were able to sell over 3 million units in less than 3 years. Since Australia was able to get Power Balance to admit to fraud this became an easy lawsuit to bring up in US courts because the CEO set a precedent by admitting to fraud in Australia.
The ads in the US were identical to the ones in Australia so Power Balance has no chance in hell of winning this case.
Power Balance is about to go down and I suspect that C Prime, EFX, Chi Aura, QRay, IRenew and a dozen other balance bracelet brands are going to be hit with similar lawsuits.