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UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

COMMISSIONERS: Edith Ramirez, Chairwoman

Julie Brill

Maureen K. Ohlhausen

Joshua D. Wright

Terrell McSweeny

In the Matter of

WACOAL AMERICA, INC.

a corporation.

FILE NO. 132 3095

AGREEMENT CONTAINING 

CONSENT ORDER

The Federal Trade Commission has conducted an investigation of certain acts and 

practices of Wacoal America, Inc., a corporation (“Proposed Respondent”). Proposed 

Respondent, having been represented by counsel, is willing to enter into an agreement containing 

a consent order resolving the allegations contained in the attached draft complaint. Therefore,

IT IS HEREBY AGREED by and between Wacoal America, Inc., by its duly authorized 

officers, and counsel for the Federal Trade Commission that:

1. Proposed Respondent Wacoal America, Inc., is a Delaware corporation with its principal 

office or place of business at One Wacoal Plaza, Lyndhurst, New Jersey 07071.

2. Proposed Respondent admits all the jurisdictional facts set forth in the draft complaint.

3. Proposed Respondent waives:

a. Any further procedural steps;

b. The requirement that the Commission’s decision contain a statement of findings

of fact and conclusions of law; and

c. All rights to seek judicial review or otherwise to challenge or contest the validity 

of the order entered pursuant to this agreement.

4. This agreement shall not become part of the public record of the proceeding unless and 

until it is accepted by the Commission. If this agreement is accepted by the Commission, it, 

together with the draft complaint, will be placed on the public record for a period of thirty (30) 

days and information about it publicly released. The Commission thereafter may either 

withdraw its acceptance of this agreement and so notify Proposed Respondent, in which event it 

will take such action as it may consider appropriate, or issue and serve its complaint (in such 

form as the circumstances may require) and decision in disposition of the proceeding.
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5. Proposed respondent neither admits nor denies any of the allegations in the draft 

complaint, except as specifically stated in this agreement. Only for purposes of this action, 

proposed respondent admits the facts necessary to establish jurisdiction.

6. This agreement contemplates that, if it is accepted by the Commission, and if such 

acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of 

Section 2.34 of the Commission’s Rules, the Commission may, without further notice to 

Proposed Respondent, (1) issue its complaint corresponding in form and substance with the 

attached draft complaint and its decision containing the following order in disposition of the 

proceeding, and (2) make information about it public. When so entered, the order shall have the 

same force and effect and may be altered, modified, or set aside in the same manner and within 

the same time provided by statute for other orders. The order shall become final upon service. 

Delivery of the complaint and the decision and order to Proposed Respondent’s address as stated 

in this agreement by any means specified in Section 4.4(a) of the Commission’s Rules shall 

constitute service. Proposed Respondent waives any right it may have to any other manner of 

service. The complaint may be used in construing the terms of the order, and no agreement, 

understanding, representation, or interpretation not contained in the order or in the agreement 

may be used to vary or contradict the terms of the order.

7. Proposed Respondent has read the draft complaint and consent order. It understands that 

it may be liable for civil penalties in the amount provided by law and other appropriate relief for 

each violation of the order after it becomes final.

ORDER

DEFINITIONS

For purposes of this order, the following definitions shall apply:

1. Unless otherwise specified, “Respondent” shall mean Wacoal America, Inc., a 

corporation, its successors and assigns, and its officers, agents, representatives, and employees.

2. “Adequate and well-controlled human clinical study” means a human clinical study that 

is randomized, double-blind, placebo controlled, and conducted by persons qualified by training 

and experience to conduct such study.

3. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act, 

15 U.S.C. § 44.

4. “Covered Product” means any garment containing a drug or cosmetic.

5. “Drug” and “cosmetic” mean as defined in Section 15 of the FTC Act, 15 U.S.C. § 55.
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6. “Reliably Reported,” for a human clinical test or study (“test”), means a report of the test 

has been published in a peer-reviewed journal, and such published report provides sufficient 

information about the test for experts in the relevant field to assess the reliability of the results.

I.

IT IS ORDERED that Respondent, directly or through any corporation, partnership, 

subsidiary, division, trade name, or other device, in connection with the manufacturing, labeling, 

advertising, promotion, offering for sale, sale, or distribution of any Covered Product, in or 

affecting commerce, shall not make any representation, in any manner, expressly or by 

implication, including through the use of a product name, endorsement, depiction, or illustration, 

that use of such product causes substantial weight or fat loss or a substantial reduction in unclad

body size.

II.

IT IS FURTHER ORDERED that Respondent, directly or through any corporation, 

partnership, subsidiary, division, trade name, or other device, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

Covered Product or any drug or cosmetic, in or affecting commerce, shall not make any 

representation, other than representations covered under Part I of this order, in any manner, 

expressly or by implication, including through the use of a product name, endorsement, 

depiction, or illustration, that use of such product causes weight or fat loss or a reduction in 

unclad body size, unless the representation is non-misleading, and, at the time it is made, 

Respondent possesses and relies upon competent and reliable scientific evidence that 

substantiates that the representation is true. For purposes of this Part, competent and reliable 

scientific evidence shall consist of at least two adequate and well-controlled human clinical 

studies of the Covered Product, conducted by different researchers, independently of each other, 

that conform to acceptable designs and protocols and whose results, when considered in light of 

the entire body of relevant and reliable scientific evidence, are sufficient to substantiate that the 

representation is true. 

III.

IT IS FURTHER ORDERED that Respondent, directly or through any corporation, 

partnership, subsidiary, division, trade name, or other device, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

Covered Product or any drug or cosmetic, in or affecting commerce, shall not make any 

representation, other than representations covered under Parts I and II of this order, in any 

manner, expressly or by implication, including through the use of a product name, endorsement, 

depiction, or illustration, that use of such product reduces or eliminates cellulite, unless the 

representation is non-misleading, and, at the time of making such representation, Respondent

possesses and relies upon competent and reliable scientific evidence that is sufficient in quality 

and quantity based on standards generally accepted in the relevant scientific fields, when 

considered in light of the entire body of relevant and reliable scientific evidence, to substantiate 

that the representation is true. For purposes of this Part, competent and reliable scientific 
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evidence means tests, analyses, research, or studies (1) that have been conducted and evaluated 

in an objective manner by qualified persons; (2) that are generally accepted in the profession to 

yield accurate and reliable results; and (3) as to which, when they are human clinical tests or 

studies, all underlying or supporting data and documents generally accepted by experts in the 

field as relevant to an assessment of such testing as set forth in Part IX of this Order are available 

for inspection and production to the Commission.

IV.

IT IS FURTHER ORDERED that Respondent, directly or through any corporation, 

partnership, subsidiary, division, trade name, or other device, in connection with the 

manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any 

product in or affecting commerce, shall not misrepresent, or assist others in misrepresenting, in 

any manner, expressly or by implication, including through the use of any product name or 

endorsement:

A. The existence, contents, validity, results, conclusions, or interpretations of any 

test, study, or research; or

B. That the benefits of the product are scientifically proven.

V.

IT IS FURTHER ORDERED that

A. Nothing in this order shall prohibit Respondent from making any representation 

for any product that is specifically permitted in labeling for such product by 

regulations promulgated by the Food and Drug Administration pursuant to the 

Nutrition Labeling and Education Act of 1990 or permitted under Sections 303-

304 of the Food and Drug Administration Modernization Act of 1997; and

B. Nothing in this order shall prohibit Respondent from making any representation 

for any product that is permitted in the labeling for such product under any 

tentative final or final monograph promulgated by the Food and Drug 

Administration, or under any new drug application approved by the Food and 

Drug Administration.

VI.

IT IS FURTHER ORDERED that Respondent shall, within thirty (30) days after the

date of entry of this order, provide to the Commission a searchable electronic file containing the

name and contact information of all consumers who purchased any Covered Product from 

January 1, 2011, through the date of entry of this order, to the extent it has such information in its 

possession or control, including information available upon request from franchisees or others. 

Such file: (1) shall include each consumer’s name and address, the product(s) purchased, the 

total amount of moneys paid less any amount credited for returns or refunds, the date(s) of 

purchase, and, if available, the consumer’s telephone number and email address; (2) shall be 
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updated through the National Change of Address database; and (3) shall be accompanied by a 

sworn affidavit attesting to its accuracy.

VII.

IT IS FURTHER ORDERED that Respondent shall pay to the Federal Trade 

Commission the sum of one million three hundred thousand dollars ($1,300,000). This payment 

shall be made in the following manner:

A. The payment shall be made by electronic funds transfer within ten (10) days after 

the date that this order becomes final and in accordance with instructions provided 

by a representative of the Federal Trade Commission.

B. In the event of default on any obligation to make payment under this order, 

interest, computed pursuant to 28 U.S.C. § 1961(a), shall accrue from the date of 

default to the date of payment. In the event such default continues for ten (10) 

calendar days beyond the date that payment is due, the entire amount shall 

immediately become due and payable.

C. All funds paid to the Commission pursuant to this order shall be deposited into an 

account administered by the Commission or its agents to be used for equitable 

relief, including restitution, and any attendant expenses for the administration of 

such equitable relief. In the event that direct redress to consumers is wholly or 

partially impracticable or funds remain after the redress to consumers (which shall 

be the first priority for dispensing the funds set forth above) is completed, the 

Commission may apply any remaining funds for such other equitable relief 

(including consumer information remedies) as it determines to be reasonably 

related to Respondent’s practices alleged in the complaint. Any funds not used 

for such equitable relief shall be deposited in the United States Treasury as 

disgorgement. Respondent shall be notified as to how the funds are distributed, 

but shall have no right to challenge the Commission’s choice of remedies under 

this Part. Respondent shall have no right to contest the manner of distribution 

chosen by the Commission. No portion of any payment under this Part shall be 

deemed a payment of any fine, penalty, or punitive assessment.

D. Respondent relinquishes all dominion, control, and title to the funds paid to the 

fullest extent permitted by law. Respondent shall make no claim to or demand for 

return of the funds, directly or indirectly, through counsel or otherwise.

E. Respondent agrees that the facts as alleged in the complaint filed in this action 

shall be taken as true without further proof in any bankruptcy case or subsequent 

civil litigation pursued by the Commission to enforce its rights to any payment or 

money judgment pursuant to this order, including but not limited to a 

nondischargeability complaint in any bankruptcy case. Respondent further agrees 

that the facts alleged in the complaint establish all elements necessary to sustain 

an action by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy 
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Code, 11 U.S.C. § 523(a)(2)(A), and that this order shall have collateral estoppel 

effect for such purposes.

F. In accordance with 31 U.S.C. § 7701, Respondent is hereby required, unless it has 

done so already, to furnish to the Commission its taxpayer identifying number, 

which shall be used for the purposes of collecting and reporting on any delinquent 

amount arising out of Respondent’s relationship with the government. 

G. Proceedings instituted under this Part are in addition to, and not in lieu of, any 

other civil or criminal remedies that may be provided by law, including any other 

proceedings the Commission may initiate to enforce this order.

VIII. 

IT IS FURTHER ORDERED that Respondent shall comply with Paragraphs II and III

of Appendix A to this order and shall also provide reasonable cooperation to the Commission 

with respect to the administration of the Consumer Redress Program and other Consumer 

Redress Requirements as described in Appendix A to this order, hereby incorporated into this 

order.

IX.

IT IS FURTHER ORDERED that, with regard to any human clinical test or study 

(“test”) upon which Respondent relies to substantiate any claim covered by this Order, 

Respondent shall secure and preserve all underlying or supporting data and documents generally 

accepted by experts in the field as relevant to an assessment of the test, including, but not 

necessarily limited to: 

A. All protocols and protocol amendments, reports, articles, write-ups, or other 

accounts of the results of the test, and drafts of such documents reviewed by the 

test sponsor or any other person not employed by the research entity;

B. All documents referring or relating to recruitment; randomization; instructions, 

including oral instructions, to participants; and participant compliance; 

C. Documents sufficient to identify all test participants, including any participants 

who did not complete the test, and all communications with any participants 

relating to the test; all raw data collected from participants enrolled in the test, 

including any participants who did not complete the test; source documents for 

such data; any data dictionaries; and any case report forms; 

D. All documents referring or relating to any statistical analysis of any test data, 

including, but not limited to, any pretest analysis, intent-to-treat analysis, or 

between-group analysis performed on any test data; and

E. All documents referring or relating to the sponsorship of the test, including all 

contracts and communications between any sponsor and the test’s researchers.
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Provided, however, the preceding preservation requirement shall not apply to a Reliably 

Reported test, unless the test was conducted, controlled, or sponsored, in whole or in part by (1) 

any Respondent; (2) any other person or entity in active concert or participation with any 

Respondent; (3) any person or entity affiliated with or acting on behalf of any Respondent; (4) 

any supplier of any ingredient contained in the product at issue to any of the foregoing or to the 

product’s manufacturer; or (5) the supplier or manufacturer of such product.

For any test conducted, controlled, or sponsored, in whole or in part, by Respondent, 

Respondent must establish and maintain reasonable procedures to protect the confidentiality, 

security, and integrity of any personal information collected from or about participants. These 

procedures shall be documented in writing and shall contain administrative, technical, and 

physical safeguards appropriate to Respondent’s size and complexity, the nature and scope of 

Respondent’s activities, and the sensitivity of the personal information collected from or about 

the participants.

X.

IT IS FURTHER ORDERED that Respondent Wacoal America, Inc., and its successors 

and assigns shall, for five (5) years after the last date of dissemination of any representation 

covered by this order, maintain and, upon reasonable notice and request, make available to the 

Federal Trade Commission for inspection and copying:

A. All advertisements and promotional materials containing the representation;

B. All materials that were relied upon in disseminating the representation; and

C. All tests, reports, studies, surveys, demonstrations, or other evidence in its 

possession or control that contradict, qualify, or call into question the 

representation, or the basis relied upon for the representation, including 

complaints and other communications with consumers or with governmental or 

consumer protection organizations.

XI.

IT IS FURTHER ORDERED that Respondent Wacoal America, Inc., and its successors 

and assigns shall deliver a copy of this order to all current and future principals, officers, 

directors, and managers, and to all current and future employees, agents and representatives

having primary responsibilities with respect to the advertising subject to the terms of Parts I-IV 

of this order, and shall secure from each such person a signed and dated statement 

acknowledging receipt of the order. Respondent and its successors and assigns shall deliver this 

order to current personnel within thirty (30) days after the date of service of this order, and to 

future personnel within thirty (30) days after the person assumes such position or responsibilities. 

Respondent shall maintain and upon request make available to the Federal Trade Commission 

for inspection and copying all acknowledgements of receipt of this order obtained pursuant to 

this Part.
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XII.

IT IS FURTHER ORDERED that Respondent Wacoal America, Inc., and its successors 

and assigns shall notify the Commission at least thirty (30) days prior to any change in the 

corporation that may affect compliance obligations arising under this order, including but not 

limited to a dissolution, assignment, sale, merger, or other action that would result in the 

emergence of a successor; the creation or dissolution of a subsidiary, parent, or affiliate that 

engages in any acts or practices subject to this order; the proposed filing of a bankruptcy petition; 

or a change in the corporate name or address. Provided, however, that, with respect to any 

proposed change in the corporation about which Respondent learns less than thirty (30) days 

prior to the date such action is to take place, Respondent shall notify the Commission as soon as 

is practicable after obtaining such knowledge. Unless otherwise directed by a representative of 

the Commission, all notices required by this Part shall be emailed to Debrief@ftc.gov or sent by 

overnight courier (not the U.S. Postal Service) to the Associate Director of Enforcement, Bureau 

of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, 

Washington, DC 20580. The subject line must begin: “In the Matter of Wacoal America, Inc., 

FTC File Number 132-3095.” 

XIII.

IT IS FURTHER ORDERED that Respondent Wacoal America, Inc., and its successors 

and assigns, within sixty (60) days after the date of service of this order, shall file with the 

Commission a true and accurate report, in writing, setting forth in detail the manner and form of 

its own compliance with this order. Within ten (10) days of receipt of written notice from a 

representative of the Commission, it shall submit additional true and accurate written reports.

XIV.

This order will terminate twenty (20) years from the date of its issuance, or twenty (20) 

years from the most recent date that the United States or the Federal Trade Commission files a 

complaint (with or without an accompanying consent decree) in federal court alleging any 

violation of the order, whichever comes later; provided, however, that the filing of such a 

complaint will not affect the duration of:

A. Any Part in this order that terminates in less than twenty (20) years;

B. This order’s application to any Respondent that is not named as a defendant in 

such complaint; and

C. This order if such complaint is filed after the order has terminated pursuant to this 

Part.

Provided, further, that if such complaint is dismissed or a federal court rules that the Respondent

did not violate any provision of the order, and the dismissal or ruling is either not appealed or 

upheld on appeal, then the order will terminate according to this Part as though the complaint 
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had never been filed, except that the order will not terminate between the date such complaint is 

filed and the later of the deadline for appealing such dismissal or ruling and the date such 

dismissal or ruling is upheld on appeal.

WACOAL AMERICA, INC.

Date: ____________ By: ______________________________

Robert Vitale, President and

Co-Chief Executive Officer

Wacoal America, Inc.

Date: ____________ ______________________________

D. REED FREEMAN, JR.

Morrison & Foerster LLP

2000 Pennsylvania Ave., NW, Suite 6000

Washington, DC 20006-1888

Date: ____________ ______________________________

SHERMAN W. KAHN

Mauriel Kapouytian Woods LLP

27 W. 24th Street, Suite 302

New York, NY 10010

Attorneys for Respondent

Date: ____________ ______________________________

DAVID M. NEWMAN

ERIC EDMONDSON

Counsel for the Federal Trade Commission

APPROVED:

_____________________________

THOMAS N. DAHDOUH

Director

Western Region

_____________________________

JESSICA L. RICH

Director

Bureau of Consumer Protection
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APPENDIX A

CONSUMER REDRESS PROGRAM

I. The Commission shall apply funds received from Respondent pursuant to this order to a 

consumer redress program. Any funds required to administer the consumer redress program 

shall be taken from the sum provided by Respondent in Part VII of this order. 

II. Within thirty days (30 days) of the date of service of this order, Respondent shall 

purchase: (A) no fewer than 6,300,000 online advertising impressions to run over a thirty-day 

(30-day) period on digital properties of Women’s Health, Elle, Real Simple, and Glamour, some 

of which impressions may include advertisements in one or more of the properties’ respective 

digital newsletters; and (B) a print advertising campaign in USA Today comprised of two (2) 

one-quarter page insertions in Marketplace Classifieds. The notices associated with A and B, 

above, shall, respectively, be in the forms set out in Exhibit 1 (with the understanding that banner 

ads will not contain the full text of the notice). 

III. Within thirty (30) days of the date of service of this order, Respondent shall send a notice 

in form substantially identical to Exhibit 3 (a) by email to all persons identified in the file 

provided in compliance with Part VI of this Order for whom Respondent has an email address 

and (b) by United States Mail to all persons identified in the file provided in compliance with 

Part VI of this order for whom Respondent does not have an email address, but does have a street 

address. Said notice shall contain no information other than that set forth in Exhibit 3, nor shall 

any other material be transmitted therewith.

IV. The Commission shall, consistent with the provisions otherwise set out herein, have full 

discretion to (1) review and approve the procedures used to identify those consumers who meet 

the criteria for redress; (2) determine the application of the criteria for participation in any 

redress program and identify those consumers entitled to relief in any redress program 

implemented pursuant to this order; (3) determine the manner and timing of the sending to 

consumers of the forms attached hereto as Exhibits 2, 4 and 5; and (4) delegate any and all tasks 

connected with such redress program to any individuals, partnerships, or corporations of its 

choice and to pay the fees, salaries, and expenses incurred thereby from the payments made by 

Respondent pursuant to Part VII of this order. The FTC or its designated agent shall send 

directly to consumers the forms attached hereto as Exhibits 2, 4 and 5. 

V. The award under this redress program shall be a pro rata share, with respect to each 

covered product purchased by the consumer (allocated by price and style), to each consumer who 

qualifies for the redress program, not to exceed the total purchase price of the Covered Products 

purchased by the consumer.

VI. Any applicant who does not submit a Claim Form within sixty (60) days of the last online 

notice or publication of the USA Today notice described in Paragraph II shall not be eligible for 

any award under this redress program. 
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VII. Following the completion of the redress program described in Part VII of this Order and 

in this Appendix A, the Commission or its designated agent shall provide to Respondent a report 

containing the name and address of each consumer to whom redress was paid pursuant to this 

Order and, for each consumer, the Covered Product(s) for which such claim was made, the total 

dollar volume of such claim and the redress paid. Respondent shall have no right to contest the 

validity of any claim submitted pursuant to the redress program. 
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EXHIBIT 1 – [USA Today Notice]

Did you buy a Wacoal iPant product? You may be eligible for a refund.

The Federal Trade Commission (FTC), the nation’s consumer protection agency, sued Wacoal, 

alleging that Wacoal’s advertising about iPant products was not adequately supported by 

scientific data. The FTC says Wacoal made misleading claims that wearing iPant products 

would reduce cellulite and reduce thigh size. 

To settle the lawsuit, the company is offering money back to people who bought iPant products 

since January 1, 2011. You don’t need your receipt and you don’t have to send the product back.

There are two ways to apply for a refund:

1) Call [toll-free number] and request a claim form; complete the form and mail it back by 

[date certain -- sixty (60) days after the last online notice or publication of the USA Today

notice], or

2) Apply online at [URL] by [date certain-- sixty (60) days after the last online notice or 

publication of the USA Today notice]. 

How much you get back will depend on how many people apply.

If you have questions, visit [URL] or call [toll-free number]. 
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EXHIBIT 2 -- REFUND APPLICATION

[sent to consumers who request a claim form]

I bought the following Wacoal iPant product(s) since January 1, 2011. 

____ Cupless Camisole (Style No. 802171)

____ Legging (Style No. 804171)

____ Mid-Thigh Shaper (Style No. 804271)

____ Hi-Waist Long Leg Shaper (Style No. 805171)

____ Brief (Style No. 808171)

_ __ Long Leg Shaper (Style No. 809171)

(If you bought more than one, please say how many.)

If I’m eligible to get money back as part of the FTC’s lawsuit against Wacoal, send my refund 

to:

NAME: _________________________________________________________________

ADDRESS: _________________________________________________________________

CITY AND STATE: ____________________________________________________________

ZIP CODE: ___________________

 Mail this form to [address] by [date certain -- sixty (60) days after the last online notice 

or publication of the USA Today notice]. 

 You don’t need your receipt and you don’t have to send the product(s) back.

 For more information, visit [URL] or call [toll-free number].
Page 14 of 17

EXHIBIT 3 – [Email or letter to online buyers]

[date]

Name of Consumer

Address

City/State/ZIP

RE: Refunds for people who bought Wacoal iPant products

Dear Consumer:

We’re writing because according to the records of Wacoal America, you bought iPant product(s) 

from the company’s website. The Federal Trade Commission (FTC), the nation’s consumer 

protection agency, sued Wacoal, alleging that Wacoal’s advertising about iPant products was not 

adequately supported by scientific data. The FTC says Wacoal made misleading claims that 

wearing iPant products would reduce cellulite and reduce thigh size. 

To settle the lawsuit, the company is offering money back to people who bought iPant products 

since January 1, 2011. You don’t need your receipt and you don’t have to send the product back.

There are two ways to apply for a refund:

1) Complete the attached form and mail it back by [date certain-- sixty (60) days after the 

last online notice or publication of the USA Today notice], or

2) Apply online at [URL] by [date certain-- sixty (60) days after the last online notice or 

publication of the USA Today notice]. 

How much you get back will depend on how many people apply.

If you have questions, visit [URL] or call [toll-free number]. 

Sincerely,

[name]

[Attach same Refund Application form.]
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REFUND APPLICATION

[Attachment to letter to people who bought from Wacoal’s website]

I bought the following Wacoal iPant product(s) since January 1, 2011.

____ Cupless Camisole (Style No. 802171)

____ Legging (Style No. 804171)

____ Mid-Thigh Shaper (Style No. 804271)

____ Hi-Waist Long Leg Shaper (Style No. 805171)

____ Brief (Style No. 808171)

_ __ Long Leg Shaper (Style No. 809171)

(If you bought more than one, please say how many.)

If I’m eligible to get money back as part of the FTC’s lawsuit against Wacoal, send my refund 

to:

NAME: _________________________________________________________________

ADDRESS: _________________________________________________________________

CITY AND STATE: ____________________________________________________________

ZIP CODE: ___________________

 Mail this form to [address] by [date certain -- sixty (60) days after the last online notice 

or publication of the USA Today notice]. 

 You don’t need your receipt and you don’t have to send the product(s) back.

 For more information, visit [URL] or call [toll-free number].
Page 16 of 17

EXHIBIT 4 – [Letter to accompany redress payment]

[date]

Name of Consumer

Address

City/State/ZIP

RE: Refunds for people who bought Wacoal iPant products

Dear Consumer:

You applied for a refund as part of the Federal Trade Commission’s lawsuit against Wacoal 

America for deceptive advertising about iPant products. A check for your part of the settlement 

is enclosed. Please cash it by [date certain]. After that, the check won’t be good.

If you have questions, please call the FTC [or name] at [toll-free number].

For consumer information about evaluating advertising claims for products like this, visit the 

FTC’s Health & Fitness page, http://www.consumer.ftc.gov/topics/health-fitness. 

Sincerely,

[name]
Page 17 of 17

EXHIBIT 5 – [Letter to ineligible consumers]

[date]

Name of Consumer

Address

City/State/ZIP

RE: Refunds for people who bought Wacoal iPant products

Dear Consumer:

You applied for a refund as part of the Federal Trade Commission’s lawsuit against Wacoal 

America for deceptive advertising of iPant products. We reviewed the information you sent. 

Unfortunately, your purchase isn’t covered by the settlement, and you don’t qualify for a refund.

If you have questions, please call the FTC [or name] at [toll-free number].

For consumer information about evaluating advertising claims for products like this, visit the 

FTC’s Health & Fitness page, http://www.consumer.ftc.gov/topics/health-fitness. 

Sincerely,

[name]