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 defendants falsely touted the effectiveness of QuickTrim diet pills for losing weight.
The Complaint alleges that the Kardashians are the principal endorsers of QuickTrim and personify the brand. Their images adorn QuickTrim's labels and packaging and they appear in nearly every advertisement for the product.
The complaint also alleges that each of the Kardashians made statements about the product that were false, misleading and unsubstantiated on TV shows, on social media and on websites. For instance, 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.
Interestingly, the complaint did not reference the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, wherein both advertisers and endorsers may be liable for false or unsubstantiated statements made in the course of advertisements.
Take Away: Endorsers need to be careful about what they say about a product or service. They need to be sure that the statement reflects their honest opinion and that performance claims are backed up by competent and reliable support.