Class Action: ‘Authentic’ Adidas NHL Jerseys Falsely Advertised as ‘the Same’ as Pro Players’ Uniforms [DISMISSED]
Last Updated on April 19, 2024
Charette v. Adidas America, Inc.
Filed: January 14, 2023 ◆§ 2:23-cv-10114
Although Adidas advertises that its “authentic” National Hockey League jerseys are the same as those worn by professional players, the two types of shirts are not cut from the same cloth, a class action alleges.
Michigan
April 19, 2024 – Adidas Authentic NHL Jersey Lawsuit Dismissed
The proposed class action lawsuit detailed on this page was dismissed on March 27, 2024.
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In an 11-page order issued that day, U.S. District Judge Jonathan J.C. Grey granted Adidas’s motion to dismiss the case after finding that the plaintiff failed to adequately allege the apparel company misrepresented its jerseys.
Per Judge Grey, the plaintiff failed to mention any instances in which Adidas claimed the “authentic” jerseys were made with the same materials or “robustness” as in-game NHL jerseys.
“As Adidas correctly points out in its brief, [the plaintiff] never stated when he was lied to, where the lie occurred, or who lied to him,” the judge wrote. “All of these are required for a claim based on fraud.”
Judge Grey also found that the plaintiff failed to state which specific provisions of the Michigan Consumer Protection Act Adidas purportedly violated, and the consumer failed to provide the company with a pre-suit notice as required under state law.
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Although Adidas advertises that its “authentic” National Hockey League (NHL) jerseys are the same as those worn by players “when the puck drops” on the ice, the two types of shirts are not cut from the same cloth, a proposed class action alleges.
The 22-page case explains that “authentic” hockey jerseys are understood to be identical to uniforms worn by professional players during games, which are made with high-quality materials designed to be functional on the ice. Although Adidas markets its jerseys as “authentic” and “the same as [] players wear,” the shirts are more accurately categorized as “replicas or even counterfeit,” the complaint claims.
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Per the suit, Adidas sought to take advantage of consumers by misrepresenting the authenticity of its jerseys, which are each sold for at least $150. In fact, the suit relays, a 2021 TealTownUSA.com article points out that a $179 Adidas “authentic” jersey is sold for $50 more than comparable replica NHL jerseys, which are generally understood to be cheaper, lower quality versions best suited for the stands or the living room, the lawsuit says.
According to the case, Adidas has tried to pass off its jerseys as authentic by including features that would only be relevant in on-ice jerseys. For example, the lawsuit says, Adidas states that its “Authentic Pro Player jersey” for the Detroit Red Wings includes “a tie-down fight strap,” which is the attachment that prevents a player from having their jersey pulled over their head during a fight. The complaint argues that compared to fight straps sewn into uniforms worn by pros, the fight straps on Adidas’ jerseys are “lower quality” and not as securely attached to the fabric.
Moreover, although logos, numbers, stripes and names are double-stitched onto on-ice jerseys, accessories on Adidas’ products are typically heat pressed on, the suit says. The fabric used for Adidas’ jerseys is half the thickness of those worn by NHL players, the stitching is weaker, the neck hole is smaller, and the “dimples” or small holes in the fabric are tinier and solely for aesthetics, the filing claims.
“This difference is relevant because these small holes allow air to flow through the jersey, an important feature relevant to its on-ice performance,” the case reads. “The smaller dimples in the Adidas authentic jerseys render them less efficient at dealing with moisture and airflow than the on-ice jerseys.”
Finally, the case asserts that on-ice jerseys are made with “premium craftsmanship” in Canada, the birthplace of ice hockey, while Adidas’ jerseys are made in Indonesia.
The lawsuit looks to cover anyone in Michigan, Utah, South Dakota, Kansas, Mississippi, Arkansas, Alaska, Hawaii or South Carolina who purchased an “Authentic” NHL jersey during the applicable statute of limitations period.
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