If you saw an online advertisement for a health or weight loss supplement that featured a well-known television or movie star, would you sign up for a free trial? Many people would and that endorsement mindset is what the FTC says Tarr, Inc., (and its 19 other subsidiaries and named business owner) used to trick consumers into signing up for a weight loss supplement.
However, in this case, the defendants did not actually contract with Jennifer Aniston, Jason Statham, Dr. Oz, or Paula Deen as spokespersons. Rather, the defendants used the likeness of the celebrities to sell more products.
In 2014, Dr. Oz devoted an entire segment of his show to discuss the unauthorized use of his likeness, according to paragraph 55 of the complaint.
Defendants Spoofed Trusted Websites to Trick Consumers
The defendants also mimicked trusted websites such as Men’s Health and Good Housekeeping to trick consumers into believing that they were visiting legitimate health, wellness, and lifestyle websites to sell their products. Consumers were offered a ‘risk free’ trial of the health supplements offered by the defendants and paid $4.95 for shipping and handling.
