EXCLUSIVE: Dr. Oz embroiled in another legal feud after weight loss company claims the TV doctor intentionally …
Dr. Oz has been embroiled in a new legal battle after a weight loss company claimed the TV surgeon made disparaging remarks of its products on his show.
Court documents obtained by DailyMail.com reveal GOLO, LLC, a health and wellness company based in Delaware, has accused Oz, the show’s production company, and New York dietitian Keri Glassman, of unfair competition, false advertising and trade libel.
The company claims the show attempted to ‘blacken and besmirch’ its reputation after it was featured in a July 2017 episode reviewing ‘internet diets’ in which a guest claimed the program was a failure.
The 57-year-old television personality was also accused of being motivated by his own business interests after he included links to his own competing ’21-Day Weight Loss’ plan in a written review of ‘GOLO Rescue Plan’ online.
Dr. Oz included a ‘internet diets’ segment during a July 2017 episode in which he reviewed GOLO’s ‘Rescue Plan’
GOLO claims Dr. OZ and dietitian Keri Glassman intentionally ‘besmirched’ the brand’s reputation to benefit his own, competing weight loss plan, ’21-Day Weight Loss’
GOLO’s Rescue Plan requires participants to take a supplement while encouraging a diet and excerise. The company claims it was misrepresented and that the show paid a woman to lie about her experience
‘The Dr. Oz website, The Dr. Oz Show, and Dr. Oz and Ms Glassman’s other publications purport to provide unbiased, scientific analyses and reviews of diet and health-related products, but are actually conduits for the promotion of products, programs, and plans Defendants are affiliated with and/or receive compensation from,’ court papers state.
GOLO described their weight loss program as a ‘three-tier solution of dietary modification, lifestyle change that recommends regular exercise,’ that includes a ‘Release’ supplement, the ‘Metabolic Fuel Matrix’ and a booklet.
But the company claims it was misrepresented after it was referred to as a product for which customers ‘pay $50 a month; ‘receive various supplements’ and typically eat ‘oatmeal, apples, a handful of nuts, salmon, vegetables, Greek yogurt, and veggie soup.’
New York dietitian Keri Glassman advised that the regimen may not be suitable for those who are not fans of ‘taking supplements regularly.’
Glassman also warned readers that the regimen may not be suitable for those who are not fans of ‘taking supplements regularly.’
GOLO hit back, stating the product contains only one supplement, is sold for a one-time payment of $49.95, and is meant to last customers 90 days.
‘Though framed as an informative, helpful segment for viewers, the TV Review was, in fact, a charade designed to negatively affect GOLO, dissuade viewers from purchsing GOLO, and unfairly benefit Defendants’ competing products,’ GOLO stated.
The show continued to make more ‘misleading’ statements on the show the following day, after Oz brought out a guest who had allegedly tried the program herself for six days, court papers state.
The woman, who was identified as Celeste, told viewers that GOLO was a ‘no no’ for her.
GOLO argued that Celeste’s experience was fabricated and that ‘neither Dr. Oz or Glassman couched her limited experience’ and instead, just dissuaded viewers from buying the product.
GOLO claims the Dr. Oz has the ‘incentive’ to portray its company negatively since negative depictions draw in more viewers.
Dr. Oz was also hit with a class-action lawsuit after he falsely promoted a ‘magic’ weight loss supplement Garcinia Cambogia in 2016
Attorneys for Dr. Oz and the show filed a response to the suit on Wednesday, demanding the complaint be tossed and for their legal costs to be covered
They also alleged the defendants worked together to ‘redirect’ GOLO’s ‘potential and existing customers’ to the Dr. Oz website through various search engine optimization techniques (SEOs), including the use of Google’s AdSense and other programs.
In a statement released in August, the company announced it was taking legal action against the show stating ‘when false and fake reviews are given, we feel we need to protect consumers, as well as our brand.’
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Attorneys for Dr. Oz and the show filed a response to the suit on Wednesday, demanding the complaint be tossed and for their legal costs to be covered.
The show has denied all allegations, stating that the statements ‘were on a topic of public concern and controversy’ and covered by free speech.
Mehmet Oz, who has hosted the eponymous The Dr. Oz Show since 2009, has been heavily criticized for his ‘non-scientific advice’ and has involved in a number of legal battles since the show’s run.
In 2011, the FDA sent two letters to The Dr. Oz Show pertaining to the safety of apple juice, after he hired an independent toxicology lab that claimed that there traces of arsenic in the fruit juice.
He was also hit with a class-action lawsuit after he falsely promoted a ‘magic’ weight loss supplement Garcinia Cambogia.
Article source: http://www.dailymail.co.uk/news/article-5583101/Weight-loss-company-claims-Dr-Oz-damaged-brand-given-negative-reviews-show.html