$350K Settlement Reached Over 'Caffeinated Underwear' Claims

SANTA ANA (CBSLA.com) — A popular women's underwear manufacturer has agreed to pay $350,000 in civil penalties to settle claims over "caffeinated" shapewear that would promote "fat destruction."

A consumer protection action against Wacoal America, Inc., was filed in Napa County Superior Court late Monday by the California Food, Drug, and Medical Device Task Force, which includes 10 district attorneys' offices, including the Orange County District Attorney's Office.

The complaint alleges that Wacoal had no scientific evidence that its iPant product would trim thighs by "promoting fat destruction" and provide a "permanent anti-cellulite effect," according to Orange County District Attorney's officials.

Wacoal sold the iPant primarily online and through mail orders and claimed the shapewear was infused with caffeine, which would knock two inches off hips and an inch off thighs in less than a month with no effort required. For best results, Wacoal had recommended that the iPant be worn eight hours a day, seven days a week for 28 days.

The shapewear was already the subject of a Federal Trade Commission lawsuit. Wacoal agreed to pay $1.3 million to settle that case, and $278,069 in direct restitution has already been paid to California customers, according to the Orange County District Attorney's office.

The California settlement also prohibits Wacoal from making any claims about its products without reliable scientific evidence to back it up and manufacture or sell any misbranded or falsely advertised medical devices in the future.