- May 30, 2012
- Posted by: Seth Heyman
- Categories: Business Law, Marketing & Advertising Law
Believe it or not, there are costs associated with becoming rich and famous despite a lack of talent, creativity, or any other worthwhile attribute. In March, a class action lawsuit was brought in the Southern District of New York against Kimberly, Khloe and Kourtney Kardashian, Quicktrim, LLC, and others in a $5 million lawsuit alleging that the sisters falsely touted the effectiveness of QuickTrim diet pills for losing weight.
Images of the Kardasians are featured on QuickTrim’s labels and packaging, and they appear in nearly every advertisement for the product. In the Complaint, the Plaintiff alleges that because they are the principal endorsers of QuickTrim, the Kardashians personify the brand.
The complaint also alleges that each of the Kardashians made statements about the product that were false, misleading and unsubstantiated on TV shows, social media and websites. For example, Kim Kardashian said on her website that Celluslim, a QuickTrim product, “attacks cellulite by breaking down excess fat stored in the cells.” Plaintiffs allege that there was “no competent and reliable scientific evidence” supporting this claim and others.
The complaint also quotes Kim Kardashian as saying that she and her sisters “formulated Quicktrim” in a TV appearance and alleges that Khloe tweeted that she and her sisters were releasing a cleanse called QuickTrim.
This case serves not only as a warning of the potential price of undeserved fame, but also as a clear message to all celebrity endorsers. In the unlikely event that someone famous enough to be a potential spokesperson for a product is reading this post, he or she should think twice before accepting that dump truck of money. Be certain that any statement you make reflects your honest opinion, and that performance claims are backed up by competent and reliable support.