WASHINGTON, DC – The reality star Kim Kardashian and her sisters Kourtney and Khloe have been named defendants in a class action lawsuit over QuickTrim, a dietary supplement they have been promoting. The Kardashians along with QuickTrim’s manufacturer, Windmill Health Products, the retailer GNC, and others involved have been accused of false and deceptive marketing of the diet aid in the complaint filed in the US District Court for the Southern District of New York. The plaintiffs in the case hail from several states and the corporate defendants are represented by John Robert Vales of Riker Danzig Scherer Hyland Perretti in Morriston, NJ.
Attorney Jeff Ifrah of Ifrah Law believes the basis for the suit to be the FDA’s findings on the use of caffeine in dietary supplements. Jeff explains that since the FDA has determined that caffeine is not a safe or effective treatment for weight control and QuickTrim’s main ingredient is caffeine, the plaintiffs’ complaint is that QuickTrim consumers were sold an unsafe, ineffective treatment. Kim Kardashian and her sisters’ involvement can be attributed to them being the product’s face and actively promoting it. The Kardashian images are plastered across QuickTrim’s labeling, packaging, and advertising and their promotional activities of the QuickTrim line include Twitter feeds, Facebook messages, and posts on their personal web pages. Plaintiffs allege that they were deceived into buying QuickTrim products by the Kardashians’ stamp of approval and praises of the product.
The Kardashians dismissed a few versions of the plaintiffs’ complaint, arguing that there are no reported cases supporting a private right of action for spokesperson liability. They also argued that the Kardashians were not alleged to be sellers or merchants of QuickTrim, which is required to successfully declare violation of warranty and contract claims. Ifrah Law’s founding member, Jeff Ifrah, advises that the FTC’s 2009 revised guidelines on celebrity endorsements clearly state that a celebrity product sponsor may get into hot water for repeating unsubstantiated health claims about a product. He also notes that a possible enforcement action by the FTC does not translate into a private right of action for consumers. Thus, the law expert concludes that a more appropriate course of sanction for disgruntled consumers would be to file an FTC complaint, which the FTC can review and determine whether there is a basis for action.
For over twenty years, Jeff Ifrah’s legal skills and record of success have earned him international recognition as a white-collar criminal defense lawyer and litigator. He is an advocate keenly focused on delivering results for his clients – on understanding the problems they face and developing innovative strategies to resolve them. Often litigating cases against the federal government, he achieved a string of victories in cases involving criminal and civil antitrust laws, securities laws and the Civil False Claims Act. He defended some of the most well-known businesses in the country in industries such as pharmaceuticals, healthcare and technology. Ifrah Law’s list of clients include PokerStars, the world’s largest online poker room, InstaForex, one of the largest Forex trading platforms, Intrade, a popular online trading exchange and Banc De Binary, an online binary options trading company.