The founder of Tommie Copper Inc., the Mount Kisco pain relief apparel company, has sued his former business for allegedly failing to honor a deal.
Thomas C. Kallish, of Ossining, accused Tommie Copper of unjust enrichment, in a complaint filed on Oct. 16 in Westchester Supreme Court.
He funded the company’s research lab for several years, the complaint states, based on “good-faith belief that Tommie Copper would compensate him.”
Tommie Copper sells copper compression clothing that purportedly helps people manage pain and enhance physical performance. It promotes the tight-fitting, copper infused garments as “wearable pain relief.”
Kallish founded Tommie Copper in 2009 and served as executive chairman until about 2015, according to the complaint. He left “on favorable terms to pursue other business opportunities,” and remained involved as a consultant.
Also in 2015, Kallish and Tommie Copper agreed to pay $1.35 million to the Federal Trade Commission to settle deceptive advertising charges.
Testimonials in its advertisements had claimed that the garments alleviated pain caused by multiple sclerosis, arthritis and fibromyalgia, and they could provide comparable or better pain relief than drugs our surgery.
The claims, the FTC said, lacked scientific support.
Kallish says that from 2014 to 2022 he provided $319,000 to support Tommie Copper’s product development laboratory, based on promises that he would be reimbursed. He stopped funding the lab in 2022, the complaint states, when he learned that the company “no longer intended to honor its financial commitments” with him.”
In addition to the direct funding, he says Tommie Copper reaped significant savings by not having to use an outside lab to test products, and it made substantial profits selling products developed in the lab.
Kallish is demanding unspecified monetary damages for breach of contract and unjust enrichment.
Tommie Copper did not immediately reply to a message asking for its side of the story.
Kallish is represented by DiFabio & Associates P.C., of Purchase.
