SAN FRANCISCO (Legal Newsline) - Citing negative online reviews, class action lawyers are suing the maker of nipple covers that allegedly fail to stay in place.
A class action lawsuit was filed May 8 in San Francisco federal court against Cakes Body LLC by plaintiff Lily Ann Vicente on behalf of herself and other consumers who purchased the company's product, Cakes Covers. Nipple covers are also known as "pasties."
Women who want to wear tight-fitting tops without bras often use pasties to conceal their nipples, the suit says.
The complaint alleges that Cakes Body marketed its nipple covers as "washable and reusable" and made from "100% medical-grade silicone." The company claimed that the product would adhere to the body using natural body heat and differentiated its product from others on the market by stating it was "grippy, not sticky."
However, Vicente alleges that when applied directly to breasts as directed, the product is neither grippy nor sticky. She claims that she paid a price premium due to these false and misleading claims and did not receive the benefit of her bargain.
Lawyers scoured online reviews to feature in the lawsuit.
"They will not stick to my skin. Followed directions. placed under tight bra or shirt. They stay in place for about two minutes, but if I move my arm or adjust my shirt, they fall down," one review says.
The lawsuit accuses Cakes Body of violation of California’s Consumers Legal Remedies Act, Unfair Competition Law, False Advertising Law, Breach of Express Warranty, and Unjust Enrichment.
Vicente is represented by attorneys L. Timothy Fisher, Emily A. Horne, and Joshua B. Glatt from Bursor & Fisher, P.A.