Santa Clara Co. DA Helps Put To Bed Supposedly False 'Cure-All' Advertising Of 'My Pillow'

BAY AREA, CA – Ten California district attorneys led by Alameda County D.A. Nancy O'Malley today announced an approximately $1 million settlement of allegations that a Minnesota pillow company engaged in false and misleading advertising.

The district attorneys sued My Pillow Inc. of Chaska, Minnesota, last Wednesday in Alameda County Superior Court in Oakland and filed a stipulated settlement, reached with the cooperation of the company and its
attorneys, on the same day.

The lawsuit alleged the company conducted false and misleading advertising by claiming, without any reliable scientific evidence, that the foam pillows could help people suffering from fibromyalgia, insomnia, migraines, sleep apnea, snoring and restless leg syndrome.

In addition to Alameda, the counties participating were Marin, Monterey, Napa, Orange, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma.

Santa Clara County District Attorney Jeff Rosen said: “We will hold accountable companies that make false claims to get consumers to buy their products. Our office is proud to be a member of this multi-agency District Attorney task force aimed at protecting unsuspecting Californians from false and misleading advertising.”

The $1,095,000 settlement includes $995,000 in civil penalties and another $100,000 in donations to nonprofits around the state that provide shelter to homeless people and victims of domestic violence.

The civil penalty distribution for Santa Clara County totals $99,500, which will be used by the District Attorney’s Office for the enforcement of consumer protection laws.

Receiving $10,000 from My Pillow are YWCA Silicon Valley, Asian Women's Home (Asian Americans for Community Involvement), Community Solutions for Children, Families and Individuals, and Next Door Solutions to Domestic Violence, the DA's office said.

My Pillow Inc. did not have an immediate comment on the settlement, which specifies that the company does not admit any liability.

The firm has sold more than 4 million bed pillows in the U.S. since its founding in 2004, according to its website.

The civil payments will be divided equally among the 10 district attorney's offices. Those in Alameda, Santa Clara and Napa counties said they will use the funds for future consumer protection efforts.

"My office will remain vigilant in pursuing false advertising cases against manufacturers of consumer products that deceptively advertise the health benefits of their products," O'Malley said.

The settlement provides that the pillow company won't make claims of treating or preventing any disease unless the claim is based on "at least one adequate and well-controlled human clinical study."

The lawsuit also alleged the company engaged in unfair competition by advertising that its product was the "official bed pillow" of the National Sleep Foundation without disclosing that it had a financial relationship with the Washington, D.C.-based foundation.

The company agreed in the settlement not to advertise endorsements with any organization with which it has a financial connection without enclosing that connection.

Alameda County Assistant District Attorney Teresa Drenick said O'Malley's office took the lead in filing the lawsuit because that agency began the investigation.

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--Bay City News contributed to this report/Image courtesy of Consumer Reports