Tag Archives: marketing
(Editor’s Note: What follows is an excerpt from a case summary that appeared in the July issue of Concussion Litigation Reporter. To subscribe, visit https://concussionpolicyandthelaw.com/subscribe/)
A federal judge from the Southern District of West Virginia has denied Riddell, Inc.’s motion to dismiss the second amended complaint filed by a non-profit youth football organization, which claimed that the helmet maker violated the West Virginia Consumer Credit and Protection Act (WVCCPA) when it promised that its Revolution Helmets could protect football players from concussions.
In so ruling, the court found that the “operative complaint sets forth the plaintiff’s claim with the particularity required by Federal Rule of Civil Procedure 9(b).”
The plaintiff in the litigation is Midwestern Midget Football Club, Inc. (Midwestern), a non-profit youth football organization operating in Kanawha County, West Virginia.
Approximately 150 youth participate in Midwestern’s program every year. It supplies the helmets for these participants. Every year Midwestern purchases between 12 and 24 new Revolution Helmets for its participants, who are aged 14 years or younger.
Midwestern initially alleged that Riddell’s marketing claims about its Revolution Helmets were knowingly false. “Among other things, Midwestern contends that …
In an environment where providers of products that seek to prevent concussions are cautious about making product claims, Rob Vito is stepping on the accelerator.
Vito, the CEO of Unequal Technologies, introduced his new HALO headgear last week at the National Soccer Coaches Association of America Convention. And he was unequivocal about what his product does. Vito told the Philadelphia Inquirer:
“Concussions are the injury of our age. Youth, high school, collegiate and professional soccer players are at risk of sustaining a concussion at a rate that is quite alarming. With our experience in developing protective solutions for our armed forces, law enforcement and governmental agencies as well as impact sports, using our technology to help protect soccer players is a natural. The fact is, whether its headers, head-to-head collisions, head-to-ground falls or goalpost crashes, Unequal protects.”
The quote appeared in a blog called The Sports Doc, written by Tracey Romero, Sports Medicine Editor at the paper. The overall article reads more like a press release and makes a pretty strong claim.
“Through their work providing customized, concealed sports protection using military grade composite fortified with Kevlar and Accelleron as head padding for helmets, they have now discovered a solution to help significantly reduce the risk of concussions for soccer players as well,” writes Romero.
It finishes with “Fully adjustable Unequal Halo Headgear comes in many colors, features both 6 and 10mm thicknesses. For more information, visit unequal.com.”
Read the full post at http://www.philly.com/philly/blogs/sportsdoc/Unequal-HALO-headgear-reduces-the-risk-of-concussions.html#rbpoxIJPjFdIt3fv.99
The Wall Street Journal blog, CMO Today, recently interviewed Mark Waller, who for the past five years has been the chief marketing officer of the NFL. One of the questions centered on how the league deals with concerns about concussions, especially with regard to children.
“It’s no different than any other product, or category, or sport, or anything else,” Waller said. “There’s a set of consumer and environmental issues that you have to deal with and take into consideration. We spend an inordinate amount of time on youth football development and “heads up” football and how to teach kids to play the game better and safer. We spend a huge amount of time thinking through their mothers and how best to make sure mothers have the information to decide [if] they should let their kids play football, and what are the risks and rewards of doing that. We spend a lot of time on the rewards side of football: the values, teamwork, hard work, integrity, and depending on other people. I wouldn’t want to lose sight of the fact that at the end of the day, 70 percent of the population of this country loves football.”
To see the full article, visit http://blogs.wsj.com/cmo/2014/08/27/nfl-cmo-mark-waller-interview/