NEW YORK (Legal Newsline) – Hanesbrands Inc. has filed a motion to dismiss an amended class action complaint in the U.S. District Court for the Eastern District Court of New York regarding a brand of hosiery.

Judith Rodriguez and Mary Ann Riedel filed a class action suit in late March on behalf of themselves and others similarly situated alleging fraud and negligent misrepresentation, arguing that the North Carolina-based company derived profits through unfair or deceptive trade practices.

More specifically, the plaintiffs alleged that the company sold its L'eggs brand hosiery under the false claim the products resist runs and sold them at a higher price than run-of-the-mill hosiery.

In discovering that the products are no different than other brands on the market, the plaintiffs told the court they held Hanesbrands directly responsible for deceiving them into paying more for its products.

The suit seeks restitution, damages, punitive damages and an order enjoining Hanesbrands from marketing the products as “run resistant.”

The plaintiffs are represented by the New York City-based firm of Lee Litigation PLLC, with attorneys C.K. Lee and Anne Seelig seeking a trial by jury on behalf of their clients.

In its Aug. 7 motion, the defendant stipulated that in any instance where injunctive relief is sought, “a plaintiff must demonstrate standing separately for each form of relief sought" and “must demonstrate a likelihood of future harm” to have a legal basis.

The defendant added that nowhere in its advertisements promoting that its products were “run resistant” and “less prone to runs” did Hanesbrands promise that its products would last longer than what a consumer had previously experienced.

“Put simply, the mere fact that a consumer may experience a run more quickly with the products than she has with non-run resistant hosiery does not render deceptive a 'run resistant [technology]' representation nor make it false,” the motion to dismiss stated.

Hanesbrands is represented bySidley Austin attprmeys Michael L. Mallow, Rachel A. Straus and Lauren M. De Lilly.

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