Tria Beauty, Inc. Announces Settlement of All Litigation with Photomedex, Inc. and its Subsidiary Radiancy
DUBLIN, Calif., June 17, 2012 /PRNewswire/ — Tria Beauty, Inc. announced today that it has entered into a settlement of its false-advertising lawsuit against Radiancy, makers of the no!no! hair removal device. The settlement comes shortly after a series of favorable rulings by the court regarding Tria Beauty’s entitlement to damages caused by Radiancy’s false advertising, as well as Radiancy’s counterclaim that Tria’s Hair Removal Laser does not deliver permanent results. The specific terms and conditions of the settlement are confidential.
“We are extremely pleased with the outcome of this litigation. We achieved all of our objectives and sent a clear message that we all must play by the rules, on a level playing field,” stated Kevin Appelbaum, CEO.
As Radiancy documents submitted in court show, Radiancy deliberately engaged in a massive advertising campaign based on bogus claims lacking any scientific basis, including knowingly false claims that the no!no! “provides an effect similar to what lasers accomplish in the dermatologist office”; produces “laser-like results”; is “like laser and IPL [intense pulsed light] treatments, the heat gradually disrupts the hair growth cycle.” Mimicking medical laser claims, Radiancy claimed that the no!no! Hair provided “up to 94% reduction in hair re-growth”, allowed users to “get rid of unwanted hair and keep it gone” and “have a life of freedom from hair.” As Radiancy admitted in papers filed with the court shortly before the settlement, it has dropped all such claims as a result of Tria’s lawsuit.
“We entered into this litigation because we believed the Radiancy device offered consumers nothing more than the benefits of a typical shaver, despite their aggressive advertising to contrary,” Appelbaum stated. “While the terms of the settlement are confidential, the facts speak for themselves and are a matter of public record.” Those facts included the report of a controlled study conducted by laser expert Dr. Brian S. Biesman, which established conclusively that the no!no! provides no greater or longer-lasting hair reduction results than an ordinary razor.
By contrast, although Radiancy sought to call into question the results Tria Beauty’s Hair Removal Laser delivers, the evidence in the case amply demonstrated the truth of Tria’s claims to permanent, hair-free results. Such evidence included two separate clinical studies, both directed by renowned physician and laser specialist Dr. Ronald G. Wheeland, which demonstrated that the Tria laser for hair removal provides substantial and permanent hair reduction benefits to users who follow a course of treatments with the device.
“We do not enter into litigation lightly and only pursue it as a last resort,” said Appelbaum. “However, we will not sit idly by if we see companies misleading consumers, making marketing claims without proper substantiation, or skirting the regulatory process with the FDA. We have invested many millions of dollars in the development of products that provide consumers breakthrough skin care benefits, proven their efficacy and safety through multiple clinical studies and obtained the required clearances from the FDA and regulatory agencies around the world. If others choose not to play by clearly established regulatory guidelines for marketing and selling consumer medical devices over-the-counter, we will act, and sometimes our actions will involve litigation.”
About Tria Beauty, Inc.
Tria Beauty, Inc. creates light-based skin care and at-home laser hair removal products that deliver professional results at home. The clinically proven Tria Hair Removal Laser is the first and only FDA-cleared hair removal system available for at-home use. The Tria Hair Removal Laser is safe, effective and permanent. The Tria Skin Perfecting Blue Light treatment for acne is a clinically proven blue light device that uses high intensity light to destroy bacteria in the skin, rapidly clearing acne breakouts and improving overall complexion. Learn more about Tria’s laser hair removal, treatment for acne and other skin care products by visiting www.triabeauty.com.
Contact: Megan Driscoll Behrman Communications 212.986.7000
SOURCE Tria Beauty, Inc.