Oprah sues supplement firms for false endorsement claims
Filed last week, the trademark infringement complaint targeted 40 internet marketers of supplement products.
According to complaint, the companies are "fabricating quotes or falsely purporting to speak in Dr Oz's and/or Ms Winfrey's voice about specific brands and products that neither of them has endorsed."
Oprah: Setting the record straight
The suit, filed by Harpo Inc, producers of The Oprah Winfrey Show and The Dr Oz Show, targeted manufacturers of acai berry products among others.
“Consumers should be aware that neither Oprah Winfrey nor Dr Oz are associated with nor do they endorse any acai berry product, company or online solicitation of such products, including MonaVie juice products,” read a statement on Winfrey’s website.
Harpo attorneys are also pursuing marketers of resveratrol products, it said.
To view the complaint, click here.
Consumer complaints
Harpo also collaborated with Illinois Attorney General Lisa Madigan on an investigation of consumer complaints - many forwarded to Madigan's office by Harpo - that alleged deceptive practices of the companies.
“The acai berry supplement sales programs are among the most aggressive that we have seen using misleading sales tactics to scam consumers,” said Madigan.
“Consumers should always be skeptical and educate themselves instead of blindly believing any endorsement claims. Also, consumers need to be very wary of weight loss and health claims that sound too good to be true.”
Acai fraud
Madigan filed three parallel consumer fraud lawsuits last week against suppliers and marketers of acai berry products.
Filed in the Chancery Division of the Circuit Court of Cook County, the suits target firms including Advanced Wellness Research, Netalab, Crush, TMP Nevada. Charges include luring customers with free trial offers, charging customers’ credit cards prematurely, not always supplying the product, and making it “nearly impossible” to cancel.
The suits request a permanent injunction barring the firms from selling dietary supplements or continuing with misleading marketing schemes. They also request restitution payments for consumers who have lost money and civil penalties of $50,000 for violating the Illinois Consumer Fraud and Deceptive Business Practices Act.
“We must hold these Internet scammers accountable for their role in a seedy marketing game that steers unsuspecting consumers to online schemes. We also need to send a clear message to other marketers and networks in the business of designing misleading, traffic enticing schemes,” said Madigan.
