Women in several states claim that Victoria's Secret's bust-boosting bras (as modeled by Miranda Kerr) cause rashes and seemingly permanent scarring.
NEW ORLEANS — Women in several states claim Victoria’s Secret bras gave them rashes and other skin problems, and a group of lawyers sought Wednesday to consolidate their cases against the lingerie chain.
Federal lawsuits filed in Louisiana, Florida, New Jersey and New York accuse Victoria’s Secret and its parent company, Limited Brands Inc., of negligently designing undergarments and misrepresenting the safety of their products.
Limited Brands has assured customers that Victoria’s Secret bras are safe.
Wednesday’s petition is limited to four cases already pending in federal courts, but plaintiffs’ lawyers said they are prepared to file more than 600 other cases once the panel rules on their bid to consolidate the litigation.
Jerilyn Amaya, 66, of West Palm Beach, Fla., one of the four plaintiffs, said the bras she wore gave her a “horrible rash” and hives.
“It kept burning and itching. I finally stopped wearing the bras,” she said. “It disappeared, but it still burns every once in a while.”
Plaintiffs’ attorneys suspect formaldehyde resins in the bras are responsible for the alleged ailments. Formaldehyde is a preservative found in many products; at elevated levels, it can irritate skin.
“When you heat the bras by putting it in the dryer, it releases the resins embedded in the fabric,” said plaintiffs’ attorney Daniel Becnel Jr., whose Reserve, La.-based law firm filed both the consolidation petition and a lawsuit on behalf of a Baton Rouge woman.
The petition, filed Wednesday with the Judicial Panel on Multidistrict Litigation, asks that the cases be heard together by a federal judge in Baton Rouge, La. The Washington, D.C., panel didn’t immediately act on the request.
Limited Brands says Victoria Secret does not add formaldehyde to its bras, and it says independent tests show the bras are formaldehyde-free or have only small traces of the chemical that wouldn’t cause any health problems.
“Millions of women love Victoria’s Secret bras,” Limited Brands spokeswoman Tammy Roberts Myers said in a statement. “We have strict quality controls around our products, and we do not use formaldehyde in our bras. Customer safety and satisfaction are always our primary concerns, and we take very seriously any issues our customers may have with our products.”
Becnel also represents Gulf Coast hurricane victims who sued the Federal Emergency Management Agency, claiming they were exposed to potentially hazardous levels of formaldehyde fumes while living in government-issued trailers after hurricanes Katrina and Rita in 2005.
Hundreds of claims against FEMA and trailer manufacturers were consolidated in New Orleans. The first case, against Gulf Stream Coach Inc., is scheduled to be tried in September.
Patricia Williams, a toxicologist who has served as an expert witness for the plaintiffs in the FEMA trailer litigation, also has been hired by plaintiffs’ lawyers to evaluate the health claims of Victoria’s Secret customers.
“This is not a little clothing rash,” Williams said. “The extent and severity of it is just unbelievable. Many of them have scars that seem to be permanent.”
In Response to these Allegations Victoria’s Secret Released this Press Release on their Website:
Rumor Control: Victoria's Secret bras are safe
As millions of women know, Victoria's Secret bras are safe. Nonetheless, you may have seen media reports or online postings that claim Victoria's Secret bras cause skin reactions. Because of our commitment to our customers' safety and satisfaction, we want you to have the facts. We hope that with the complete truth, we continue to earn your confidence in our products every day.
Litigation insights
On Dec. 3, 2008, Limited Brands responded to the original plaintiff's attorney regarding test results, misleading public statements claiming that Victoria's Secret bras contain formaldehyde and the plaintiff's (Roberta Ritter) testimony about her unusual washing and wearing habits.
On April 22, 2009, plaintiff Roberta Ritter voluntarily withdrew her lawsuit.
Plaintiffs tried to strengthen their individual cases by having them consolidated for pretrial purposes. On June 16, 2009, the United States Judicial Panel on Multidistrict Litigation rejected that maneuver finding that there were not enough similarities among the cases to combine them.
After the original plaintiff, Roberta Ritter, generated national media attention with her allegations, several other lawsuits were filed claiming that Victoria's Secret bras had caused skin irritation. The majority of these were filed in the federal court in Ohio by the law firm, Climaco, Lefkowitz, Peca, Wilcox & Garofoli, Co., LPA. On Aug. 6, 2009, all of these cases were voluntarily dismissed by the plaintiffs at the suggestion of their counsel. Victoria's Secret did not compensate these plaintiffs in any way.
Our commitment to quality
As the world’s leading lingerie brand, millions of women trust us for our safe, high-performing bras that offer world-leading comfort, fit and durability. To ensure this safety, every step of the manufacturing process – from yarn to finished goods – is audited against strict quality guidelines.
We carefully select the types of raw materials used in our bras. We adhere to apparel industry guidelines that avoid problematic ingredients. Specific individual reactions to some ingredients cannot always be predicted.
We use only top-quality raw material suppliers – a majority of which are voluntarily certified by Oeko Tex (one of the most stringent textile guidelines in the world). Several of our manufacturing partners are also Oeko Tex certified. Oeko Tex restricts the use of specific ingredients in textiles.
In our design process, we conduct internal and external wash and wear tests as part of our process. This testing includes literally hundreds of customers and associates who wear our bras, wash them and then provide feedback in regard to fit, quality, comfort and durability before a new product is introduced.
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For our customers
Customer safety and satisfaction are always our primary concerns, and we take very seriously any issues our customers may have with our products. If you ever have a concern with a Victoria's Secret product, please let us know. Our customer care center representatives care about your experience and are happy to help: 800-411-5116 or Service@VictoriasSecret.com.
A Video from MSNBC discussing the lawsuit:
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