Santa Rosa, CA – October 31, 2016 – District
Attorney Jill Ravitch announced today that the Sonoma County District
Attorney’s Office, in conjunction with nine other California District
Attorney’s Offices that together comprise the California Food, Drug and Medical
Device Task Force, settled a consumer protection action against My Pillow, Inc.
(“My Pillow”). My Pillow manufactures and sells pillow and bedding products.
action was filed in Alameda County Superior Court. The complaint alleges that
My Pillow made representations regarding the effects or attributes of its
products that were not supported by competent and reliable scientific evidence,
including that My Pillow products could mitigate the effects of medical
conditions such as: fibromyalgia, insomnia, migraines headaches, temporomandibular
joint disorders (TMJ), and restless leg syndrome. The complaint further alleges
that My Pillow advertised itself as the “Official Bed Pillow” of the National
Sleep Foundation (“NSF”), without disclosing that a material financial
connection existed between My Pillow and NSF.
Attorney Ravitch stated, “My office will continue to work with prosecutors
throughout the state to enforce our false advertising and consumer protection
the terms of the stipulated judgment, My Pillow agreed to pay $995,000 in civil
penalties and to make an additional $100,000 in direct contributions to
non-profit organizations providing or supporting sleeping accommodations to the
homeless or those who are victims of domestic violence. The civil penalty distribution
for Sonoma County totals $99,500, which will be used by the District Attorney’s
Office for the enforcement of consumer protection laws. Community Action
Partnership of Sonoma County, which operates Sloan Emergency Women’s Shelter
and Harold’s Home Transitional Housing for Women and Children, will receive
$10,000 in charitable contributions.
Judgment includes injunctive provisions prohibiting My Pillow from: (1) making
any claims regarding the efficacy or effects of any of its products without
possessing competent and reliable scientific evidence that substantiates the
claims; (2) manufacturing or selling any misbranded or falsely advertised
medical devices; and (3) advertising that any of its products are the
“official” products of a non-profit organization devoted to the study of sleep
Pillow and its counsel worked cooperatively to implement changes to its
advertising, without admitting liability.
District Attorney Matt Cheever handled the case for Sonoma County.