Manufacturer of “Goodnighties” Sleepwear Told to Cease Deceptive Claims

The National Advertising Division has recommended that Goodnighties, Inc., discontinue certain advertising claims, including claims that the ionized fibers in the company’s sleepwear neutralize stress and that the company’s sleepwear “increases oxygen flow in blood cells to help rest, recover and restore tired achy muscles.”

(NAD is an investigative unit of the advertising industry’s system of self-regulation and is administered by the Council of Better Business Bureaus).

The claims at issue in NAD’s review – which appeared at the advertiser’s website, in press releases and at YouTube – were challenged by a consumer. NAD requested substantiation for claims that included:

• “These jammies are made with a smart-fabric uniquely created to neutralize the stress our bodies produce.”
• “Wearing Goodnighties with Ionx close to the body has been proven to stimulate blood flow thus reducing inflammation, improving muscle function, speeding recovery and reducing muscle aches & pains.”
• “When worn, Goodnighties sleepwear increases oxygen flow in blood cells to help rest, recover and restore tired achy muscles. The end result being a more peaceful restorative sleep.”
• “You will enter a REM (Rapid Eye Movement) sleeping state quicker and stay there longer allowing you to wake refreshed and ready to brave the day!”
• “Goodnighties is the most advanced sleepwear on the market . . .”

NAD also examined whether the claims at issue implied that wearing Goodnighties would help consumers who suffer from Fibromyalgia.

Goodnighties products are made from IonX fabric, which has been treated with negatively charged ions.

NAD noted in its decision that the advertiser did not provide competent and reliable scientific evidence in support of its claims. As a result, NAD recommended that the advertiser discontinue all “clinically proven” and health-performance claims that reference the purported effect of negative ions on the wearer.

Such claims include, for example, that the ionized fibers (IonX) in the sleepwear neutralize stress, stimulate blood flow, reduce inflammation, improve muscle function, speed recovery, reduce muscle aches and pains, provide a more restful sleep, provide relief from Fibromyalgia, night sweats and hot flashes, and provide the same benefits as those received by professional athletes who have worn IonX to help restore strained muscles.

Further, in the absence of any comparative performance testing between Goodnighties and its competitors, NAD recommended modification of the phrase “the most advanced” sleepwear on the market to instead state “one of the most advanced.”

If you have purchased a Goodnighties product and would like to discuss the possibility of obtaining a refund of your purchase price, contact the consumer protection law firm of Smith & Vanture at (800) 443-4529 or www.SmithVanture.com