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Lawsuits Target ‘False and Misleading’ Supplement Ads

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By: Sean Moloughney

Editor, Nutraceuticals World

Oprah Winfrey and Dr. Mehmet Oz have filed a federal trademark infringement suit against 40 manufacturers and marketers of dietary supplements, alleging these entities have used their names without permission in order to sell products. The Chicago Tribune reported that Ms. Winfrey’s company Harpo Inc. also assisted an investigation led by Illinois Attorney General Lisa Madigan “that led to three lawsuits against makers and marketers of dietary supplements made from acai berries.” Ms. Madigan filed two separate lawsuits against three suppliers and their related entities, including Advanced Wellness Research, its successor Netalab, Crush LLC and its owner TMP Nevada, Inc. According to the complaints, the companies offer consumers a “free trial” to entice them to sign up by providing a credit card number for shipping and handling charges. The companies use the “free trial” period to hook the consumers into a continuity sales program, where consumers are often unaware that they have agreed to buy a monthly supply of acai berry supplements (or other health supplement products) for $29 to $89 per month unless they cancel their orders within 14 days. The third complaint involves Amirouche & Norton, LLC and Larby Amirouche, an affiliate marketer that uses Internet search engines, pop-up ads, websites and advertising on social networking sites to drive Internet traffic to suppliers’ websites. The three suits ask the court to enter a permanent injunction barring the defendants from selling dietary supplements or continuing with misleading marketing schemes that impact Illinois consumers.

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