NAPA (CBS SF) – A women’s underwear maker has agreed to pay $350,000 in civil penalties after claiming that its “caffeinated” shapeware would destroy fat.

On Monday, a settlement between Wacoal America, Inc. and the California Food, Drug and Medical Device Task Force over the “iPant” was filed in Napa County Superior Court.

The task force consists of 10 district attorneys’ offices in the state, including Alameda, Marin, Napa, Orange, Santa Clara, Solano and Sonoma Counties.

“California consumers are entitled to be protected from such unfair advertising and this lawsuit and settlement is in furtherance of that ongoing goal,” Napa County DA Gary Lieberstein said in the Napa Valley Register.

According to a statement by the Orange County DA’s Office , Wacoal sold the iPant mostly online and through mail order.

Wacoal allegedly claimed that the iPant was caffeine-infused and would knock two inches off hips and one inch off thighs in a month with no effort required, despite not having scientific evidence.

As part of the agreement, Wacoal is prohibited from making claims about its products without reliable scientific evidence and from selling medical devices that are “misbranded, unapproved or falsely advertised.”

The shapewear was the subject of a previous settlement brought on by the Federal Trade Commission, CBS Los Angeles reported. Wacoal settled with the FTC for $1.3 million and the company has paid $278,069 in restitution directly to California customers.


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