(Editor’s Note: What follows is an excerpt from “Bauer Hockey Reaches Settlement with Canada’s Competition Bureau over Advertising Claims,” which appeared in the December issue of Concussion Litigation Reporter)
Bauer Hockey Corp. has reached a settlement to resolve an inquiry by Canada’s Competition Bureau regarding certain aspects of its advertising for the BAUER RE-AKT Helmet.
Specifically, the Bureau requested that Bauer remove or modify certain existing performance claims in Canada regarding the helmet. As part of the settlement, Bauer Hockey has also agreed to donate $500,000 worth of sports equipment to a Canadian charity over the course of five years.
Mike Oliver, the executive director of the National Operating Committee on Standards for Athletic Equipment (NOCSAE), told Concussion Litigation Reporter that “the premise underlying the decision is both reasonable and accurate with regard to what helmets can and can’t do, and as to the level of scientific proof that should accompany any claim of measurable improvement to concussion protection.”
He continued: “There are far too many anecdotal stories offered as proof that certain products protect against concussive injuries. This decision mandates a much higher and verifiable level of evidential proof if such claims are to be made. Emotions run high on all sides of the concussion discussion. Parents worry about the long-term consequences of a concussive injury, and are easy targets for a simple solution. Imposing an objective and strict proof requirement recognizes the potential for misplaced reliance and should effectively limit such unsupported claims.”
(To read the rest of the story, which includes an interview with a legal expert, subscribe to CLR)