Date of Initial Application: November 13, 2013

 

DISCONTINUANCE NOTICE

WACOAL ANTI-CELLULITE IPANT SHAPEWEAR

WACOAL CANADA CONSUMER SATISFACTION PROGRAM AND THE DISCONTINUANCE OF THE CLASS ACTION PROCEEDINGS

In 2013, LEX GROUP Inc. launched a national class action lawsuit against Wacoal Canada Inc. and Wacoal America, Inc., on behalf of individuals who have purchased a Wacoal Anti-Cellulite iPant shapewear product (hereinafter the “iPant Products”).

Through its Consumer Satisfaction Program, Wacoal Canada is offering/offered full refunds to any of its Canadian consumers dissatisfied with their purchase of iPant Products. The Consumer Satisfaction Program allows/allowed any Canadian consumer to return or provide a sales receipt of the iPant Products purchased in order to receive a refund of the suggested retail price. For more information about the program, including how and under which strict deadlines (September 22, 2015) you may claim a reimbursement, please visit the claims website www.wacoalcanadaconsumersatisfaction.com.  LEX GROUP Inc. is not involved in this Consumer Satisfaction Program so any inquiries must be directed to Wacoal Canada directly.

In light of this Customer Satisfaction Program, our firm decided not to pursue this proposed class action. The proposed litigation was discontinued with the approval of the Court on May 21, 2015.  No class actions or other litigation is being pursued by our firm on behalf of purchasers of the iPant Products made by Wacoal and distributed in Canada. Our law firm is not taking any further steps in regards to litigation regarding the Wacoal iPant Products sold in Canada. Please note that limitation periods (prescription) will apply to your ability to pursue an individual lawsuit.

Nothing in this general notice is intended to be legal advice or a legal opinion. This notice concludes our law firm’s intended communications regarding the class action regarding the Wacoal iPant Products sold in Canada.

 

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Prior:

LEX GROUP Inc. has launched a national class action lawsuit against Wacoal Canada Inc. and Wacoal America, Inc. (hereinafter collectively “Wacoal”), on behalf of individuals who have purchased a least one of the following Wacoal Anti-Cellulite iPant shapewear products:

• iPant Anti-Cellulite Mid-Thigh Shaper;
• iPant Anti-Cellulite Long Leg Shaper;
• iPant Anti-Cellulite Hi-Waist Long Leg Shaper;
• iPant Anti-Cellulite Capri Legging;
• iPant Anti-Cellulite Shape Brief.

(hereinafter collectively the “iPant Products”).

Wacoal has marketed its iPant Products as being made with Novarel Slim® fabric which contains caffeine, retinol, vitamin E, fatty acids and aloe vera.  The class action proceedings allege that Wacoal engaged in deceptive, misleading, false, and unfair advertising when promoting their iPant Products as having the ability to reduce thigh measurement, eliminate cellulite, promote fat destruction and weight loss, and help skin feel better day after day. Moreover, the proceedings allege the use by Wacoal of deceptive and misleading clinical studies and statistical efficiency claims in its marketing of the iPant Products.

Accordingly, if you have purchased one of the iPant Products mentioned above, then you MAY be part of the proposed Class defined by the class action initiated by our office.  Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and ultimately grant the class action, or should a settlement be reached (and approved by the Court).

Please fill out the form below if you wish to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.