Tag Archives: legal

Former Biggest Loser Contestant Wins Lawsuit Against Diet Companies

Jen Eisenbarth claims diet companies used her image without her permission

On the TV show The Biggest Loser, contestants work hard to lose weight through diet and lots of exercise, without the use of additional products except for those endorsed by the show.

Season three contestant Jennifer Eisenbarth was eliminated early in the season, but she went home and worked hard to lose over 100 pounds on her own. Now, Eisenbarth has not only been successful in weight loss, she has just won a legal battle with several weight loss companies.

Eisenbarth filed a lawsuit against many diet and weight loss companies for promoting several products, including diet supplements and cleansers, using her name and image without her permission. Although her legal fight has been going on since 2024, the companies named in the lawsuit, including  FWM Laboratories, Bromacleanse, Coast Nutraceuticals, Herbalife International, Congoo and HD Vest Advanced Systems, have settled and agreed to a permanent injunction.

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Posted on June 30, 2023 by Descygna

Mom Sues Nutella Over Nutrition Claims

It sounds like a no-brainer: A chocolate spread can’t possibly be healthy, can it? Yet, a California woman claims to have been deceived by the commercials for Nutella, the European chocolate hazelnut spread.

Athena Hohenberg says that she was “shocked to learn that Nutella was in fact, not ‘healthy, nutritious’ food, but instead was the next best thing to a candy bar.” She also claims that she had no idea that Nutella contains dangerous level of saturated fat – more than half of the 200 calories per 2 Tablespoon serving comes from fat.

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Posted on February 9, 2024 by Carmen

Controversial Kimkins Diet Founder Starts New Diet Site

On the heels of a guilty verdict against the controversial Kimkins Diet founder Heidi Diaz, it’s come to our attention that being investigated for fraud apparently doesn’t get in the way of one’s entrepreneurial spirit.

It appears that the website www.mealperfect.com has been registered by a “Heidi Diaz” and that the site is being hosted on the kimkins.com server. It doesn’t take Sherlock Holmes or Bob Woodward to surmise that, hey, Ms. Diaz is not shying away from what got her in trouble.

What exactly is mealperfect.com? According to Who.is, the website was created in December, 2024. So, in “Internet years,” it’s still a baby- and it shows. Content is fairly thin, particularly in the Success Stories department, where there are a grand total of zero examples of success. This is of particular interest to those of us who have watched the Kimkins drama unfold, since that website was found guilty of falsifying diet success stories. (more…)

Posted on November 2, 2023 by Jason

Kimkins Diet Founder Guilty of Fraud, False Advertising

After several years of battling in court, a judge has rendered a decision in the class action lawsuit against the controversial Kimkins Diet. On Friday, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in the certified national class action lawsuit. She was found guilty of fraud and false advertising.

The court awarded the class members restitution in the sum of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages and attorney fees, and issued a temporary restraining order to freeze all of Ms. Diaz’s assets. (more…)

Posted on October 30, 2023 by Jason

Ben & Jerry’s to Drop All Natural From Labels

The Washington-based Center for Science in the Public Interest has requested that the Ben & Jerry’s Ice Cream Company drop the words “all-natural” from their labels. Ben & Jerry’s agreed to the label change on Monday, declaring that they would no longer battle over the definition of “all natural“. Ben & Jerry’s spokesman Sean Greenwood said that the change would happen gradually and hopes that it will help consumers make a more informed decision.

Ben & Jerry’s is not changing the recipes that make their best selling ice cream, which sometimes contain corn syrup, hydrogenated oils or other substances that are not natural. The CPSI has stated that the company should not use the term “all natural” unless it is truly all natural, with only naturally occurring ingredients. Ben & Jerry’s has agreed, and will no longer label their ice cream as such. (more…)

Posted on September 28, 2023 by Carmen

POM Wonderful Sued Over False Health Claims

POM Wonderful

UPDATE [9/28/10]: In response to the FTC’s charges, POM as issued a statement that they feel the allegations are “unwarranted” and that the health benefits of pomegranate juice are “backed by $25 million in medical research.” The juice producer goes even further by stating that the FTC “is wasting taxpayer resources to persecute the pomegranate.”

Yet another popular drink manufacturer must face government regulators over exaggerated health claims. While the Food and Drug Administration has called out several food and beverage producers, this time the Federal Trade Commission is stepping onto the field. The FTC is suing POM Wonderful LLC of Los Angeles over their claims about the wonders of pomegranate juice.

The commission is targeting POM Wonderful 100% Juice and POMx dietary supplements. They say that ads for these items make “false and unsubstantiated claims that their products will prevent or treat heart disease, prostate cancer, and erectile dysfunction.”

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Posted on September 27, 2023 by Health Buzz

Jillian Michaels Sued because of Diet Pill Claims

jillian michaels maximum strength calorie controlA class action lawsuit was filed last week in L.A. against Biggest Loser and weight loss guru Jillian Michaels. Named in the suit, Christie Christensen makes claims that she “was duped” into buying one of the supplements Michaels has recently lent her name to, Jillian Michaels Maximum Strength Calorie Control. Christensen’s suit is based on the claim that she was lead to believe the diet supplement’s advertised benefits would reduce her appetite or help her lose weight, which she says it did not.

“Ms. Michaels knows better — taking two pills before eating does not miraculously cause weight loss,” the lawsuit states, per The Associated Press.

Melissa Harnett, Christensen’s attorney who filed the suit, told TMZ, “Telling people you take two magic pills and then eat chocolate cake all day is a deception.”

As part of the suit, Christensen is suing Basic Research and ThinCare International, the Utah-based manufacturer of the multiple diet supplement products bearing Michaels’ name. (more…)

Posted on February 14, 2024 by Natalie K

Weight Watchers Sues Jenny Craig

weight watchers jenny craig lawsuitCompanies who sell weight loss products sometimes play fast and loose with the facts, particularly when they site studies and claims about the effectiveness of their product. And, that’s exactly what Weight Watchers is saying Jenny Craig did in a a recent television commercial.

In a recent TV ad, Jenny Craig claims that their clients “on average lost over twice as much weight as those on the largest weight loss program.” Code for Weight Watchers.

The problem is, Weight Watchers says that no study exists to back Jenny Craig’s claims, and decided to take legal action. They won round one of the dispute. This week, a U.S. District Court in New York granted the company’s wishes and ordered a temporary restraining order on Jenny Craig, which prohibits them from publishing or broadcasting claims that they are superior to Weight Watchers. (more…)

Posted on January 22, 2024 by Jason

Weight Loss Tea Makers Lose Legal Battle

green teaA couple of companies making money off of bogus weight loss claims with tea diet products were hit with hefty fines by the Federal Trade Commission (FTC).

A Connecticut federal judge has ordered Bronson Partners (dba New England Diet Center and Bronson Day Spa) and Martin Howard to pay $2 million to the U.S. Federal Trade Commission and granted the FTC’s request to prohibit the company from continuing to sell its products. They are based in Westport, Connecticut.

The complaint against Bronson Partners and Martin Howard was part of the FTC’s Big Fat Lie campaign, that has targeted companies it believes are deceptively marketing weight loss products. (more…)

Posted on January 13, 2024 by Jason

Trans Fat Ban Starts in California

california bans trans fatIn summer 2024, we told you about a pending ban on trans fats in California. Governor Arnold Schwarzenegger signed legislation banning the use of trans fats in the state’s restaurants. The ban has taken effect as of January 1, 2024.

The new law, passed by the California Legislature in 2024, gave restaurants plenty of time to change their menu items to trans fat-free meals. California has also passed a new law that applies to baked goods. This legislation will take effect on January 1, 2024.

While some people have cynically scoffed at this as government intrusion, I think they really miss the point. People know too little about what goes into their foods. And they are particularly vulnerable when they go out to eat. (more…)

Posted on January 7, 2024 by Jason

Kim Kardashian Tweets Herself into a Cookie Diet Lawsuit

Oh, to be a celebrity who is a celebrity for the sake of being a celebrity. Kim Kardashian, who stars in the E! channel’s hit reality series Keeping Up With The Kardashians, is well paid. Kardashian has a contract with in-stream advertising company Ad.ly to plug products, reportedly for an obscene amount of money – $10,000 per tweet!kim kardashian

I’m not sure what that comes out to per second, but let’s do a little math. If an average tweet is 20 words, that’s $500 a word. Ugh.

But, not all is wine and roses for our little Kimmy. Apparently, the doctor behind Dr. Siegal’s Cookie Diet has sued her for allegedly defaming him on Twitter. Heck, all she has to do is write a couple hundred words, and hand the income over to the Cookie Doc, and be done with it.

Last October, it is alleged that Kardashian tweeted that Dr. Sanford Siegal was “falsely promoting” that she was on the Cookie Diet. “Not true! I would never do this unhealthy diet! I do QuickTrim!,” is what she allegedly posted on her Twitter page. “If this Dr. Siegal is lying about me being on this diet, what else are they lying about? Not cool!” (more…)

Posted on January 7, 2024 by Jason