Lululemon VitaSea Clothing

Competition Bureau Takes Action to Ensure Unsubstantiated Claims Removed from Lululemon Clothing

Ottawa, November 16, 2007 - The Competition Bureau announced today that Vancouver-based Lululemon Athletica Inc. has agreed to remove, effective today, all claims alleging therapeutic benefits from its VitaSea line of clothing products, which had been marketed throughout its 40 retail store national network.

"The Bureau acted quickly to resolve this issue of significant consumer and marketplace interest," said Andrea Rosen, Acting Deputy Commissioner of Competition. "We are pleased that Lululemon chose to rectify the situation in a timely manner. Canadians are entitled to receive accurate information from businesses in order to make informed purchasing choices."

Lululemon has agreed to:

• remove all tags and/or representations on tags that contain unsubstantiated therapeutic and/or performance claims of the VitaSea technology from all stores across Canada;
• remove all references to the VitaSea technology from its Web site and any in-store advertising;
• immediately inform all store managers and employees that they should not provide information on therapeutic benefits and performance claims of the VitaSea technology to customers; and
• undertake a review of all promotional and marketing materials to ensure they comply with relevant legal requirements

The unsubstantiated claims that led to the Bureau's action include:

Upon contact with moisture, the fabric would release minerals and vitamins into the skin which would, among other questionable performance claims represented:

• keep skin firm and smooth;
• prevent the skin from drying out;
• enhance blood supply to skin;
• activate cell metabolism;
• promote skin cell regeneration;
• contain anti-viral or anti-bacterial properties;
• sooth skin rashes;
• reduce stress;
• detoxify the skin.

The Bureau is watchful of increasing trends in the marketplace making claims about the use of sustainable fibres (e.g. bamboo, soybeans) and any related environmental, health, and therapeutic claims about their benefits and reminds industry participants that they must ensure that proper fibre content is being disclosed. Scientific testing of the fibres or fabrics is necessary to substantiate the claims.

Unsubstantiated performance claims on textiles are enforceable by the Commissioner of Competition pursuant to the Textile Labelling Act and the Competition Act.

The Competition Bureau is an independent law enforcement agency that contributes to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice.

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