Antitrust Law Daily Wrap Up, ADVERTISING NEWS: FTC testifies about actions taken to curb misleading football helmet safety claims, (Mar 13, 2014)

By Jody Coultas, J.D.

In testimony before the House Energy and Commerce Committee Subcommittee on Commerce, Manufacturing, and Trade today, the FTC outlined the actions it has taken to help ensure that manufacturers of football helmets and other sports equipment do not make false and misleading claims regarding the safety benefits of their products. Richard Cleland, Assistant Director for Advertising Practices in FTC Bureau of Consumer Protection, delivered the testimony of the Commission. The hearing is part of an effort to address the growing concerns about sports-related concussions and to consider ways to reduce the risk of injury.

Sporting goods manufacturers have recently increased the number of concussion protection claims made on football helmets and other products, especially in light of the growing awareness of the dangers of concussions.

In August 2012, the FTC settled claims that the marketers of the Brain-Pad mouth guard lacked a reasonable basis for their claims that Brain-Pad mouth guards reduced the risk of concussions, especially those caused by lower jaw impacts. Scientific evidence did not support claims that the mouth guard devices could reduce the risk of concussions. Mouth guards merely protect the users’ teeth and may reduce impact on the lower jaw.

According to the FTC, it sent out warning letters to 18 manufacturers of sports equipment, advising them of the Brain-Pad settlement and warning them that they might be making deceptive concussion protection claims for their products.

Riddell Sports Group, Inc., Schutt Sports Inc., and Xenith, LLC were also under investigation, according to the FTC. Xenith agreed to remove references to results of player surveys and statements about reductions in the occurrence of concussive episodes. Schutt agreed to remove a statement that all of the company’s helmets “are designed with the intent to reduce the risk of concussions” and agreed to clearly disclose that better impact absorption had not been shown to be correlated with reduced risk of concussion. Riddell claimed that research proved that Riddell Revolution® varsity and youth football helmets reduced the risk of concussion by 31% compared to “traditional” helmets, a claim unsupported by proper scientific research. That claim had been discontinued. No formal action was taken against any of the companies.

The FTC testified that it will continue to monitor the sporting goods market to ensure that advertisers do not mislead consumers about their products’ concussion-protection capabilities, or the science behind them.

Companies: Riddell Sports Group, Inc.; Schutt Sports Inc.; Xenith, LLC

News: Advertising FederalTradeCommissionNews