MyPillow’s Marketing Claims

September 2017: A state court judge preliminarily approved a revised settlement agreement. According to the terms of the revised agreement, class members who purchased pillows directly from MyPillow may receive a cash refund ranging from $6 to $24. Class members who purchased pillows from other retailers may receive one $5 cash refund per household (and an additional payment of up to $5 if they claim to have purchased three or more pillows at the same time). In addition, the company agreed not to advertise BOGO offers for more than six months during any twelve month period. The company has also removed health claims (including those made in customer testimonials) from its website and marketing materials unless it has evidence to support the claims. A final fairness hearing is scheduled for January 8, 2018.

January 2017: A state judge denied final approval of the proposed settlement agreement because class members did not receive notice that claims not alleged in the original complaint (i.e., that MyPillow deceptively promoted a “Buy One Get One Free” (BOGO) offer by inflating the price of its pillows resulting in consumers actually paying regular price for two pillows) would be included in the settlement agreement.

October 2016: A state judge preliminarily approved a settlement of a false advertising class-action lawsuit against MyPillow. The complaint, which was filed in April 2016, alleges that MyPillow deceptively:

• Marketed products as having the ability to solve sleeping problems – including insomnia, neck and back pain, and snoring – without adequate scientific evidence to support such claims,
• Marketed its inventor as a “sleep expert” when, in reality, the inventor “has no expertise in sleep science or medicine,” and
• Used logos of third party news organizations in its marketing materials to make consumers believe the organizations endorse the product when they do not.

According to the settlement terms, class members may receive a refund of $5 per household. In addition, the company agreed to remove health claims and testimonials from its marketing materials unless the company has adequate scientific evidence to support such claims. The final fairness hearing is scheduled for January 30, 2017. For more information, go to https://www.mypillowsettlement.com/. (Amiri et al v. MyPillow, Inc. and Does 1-10, Case No. CIV-1606479, Superior Court for the State of California, County of San Bernardino)

For more information about TINA.org’s coverage of MyPillow, click here.