As reported by Law360, a pending class action against Wilson Sporting Goods Co has settled. The case involved a claim that Wilson falsely advertised that its baseball bats for kids could be used in a variety of leagues because they met the United States Specialty Sports Standards, a volunteer sports-governing body which sets rules for bats used in USSSA-sanctioned leagues and games. Plaintiff claimed that several models did not actually meet those standards and that therefore the bats, some selling for as much as $450, could not be used in USSSA-compliant leagues and could not be returned for a refund.
While consumer class actions alleging non-compliance with laws and regulations are the norm, this case underscores the fact that non-compliance with private standards -- if the advertising states otherwise --- can trigger a claim, particularly if an expensive purchase is involved.
The agreement would end a lawsuit that Sheeley first brought in April 2017 over the labeling on DeMarini youth baseball bats that sold for as much as $450. The bats are advertised as complying with manufacturing and performance standards established by the USSSA, according to a March amended complaint, but a recent inspection discovered that several models of the DeMarini youth baseball bats do not meet USSSA standards.
https://www.law360.com/articles/1030635?utm_source=ios-shared&utm_medium=ios&utm_campaign=ios-shared
This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
