Attorney General Lisa Madigan recently filed lawsuits against three suppliers and one marketer of the Acai berry in the Circuit Court of Cook County.  The lawsuits allege that the companies use deceptive techniques to lure customers, prematurely charge their credit cards, and make it almost impossible to cancel orders of the berry. Madigan stated “[t]he acai berry supplement sales programs are among the most aggressive that we have seen using misleading sales tactics to scam consumers.”

In addition, Harpo, Inc., the producers of “The Oprah Winfrey Show,” and Dr. Mehmet Oz filed over 40 trademark infringement suits against internet marketers of the Acai berry. Last year, Dr. Oz talked about the Acai berry on an episode of the Oprah Winfrey show.  Dr. Oz did not endorse any companies or their products.  The Oprah Winfrey show is one of the most watched shows in America, and when Oprah endorses a product, it oten becomes an overnight hit.  Oprah’s approval of weight loss supplements is golden, and many Americans trust her judgment.  Internet advertisers have been using this publicity as a marketing tool by claiming that Oprah and Dr. Oz endorse and support their products.  The internet advertisers have allegedly fabricated quotes and voice recordings to sell their product.

Dr. Oz even stated “[a]nd more importantly, when consumers trusting us try to buy these products over the Web, what they end up getting are fake products, pills that don’t really have what’s promised in them. They’re often duped into paying more than they should. If my picture is next to a product, endorsing it and supporting your purchase of it, I did not give them permission.”

Oprah has posted on her website

“ *  Consumers should be aware that neither Oprah Winfrey nor Dr. Oz are associated with nor do they endorse any açaí berry product, company or online solicitation of such products, including MonaVie juice products. Attorneys for Harpo are pursuing companies that claim such an affiliation.

* Neither Oprah nor Dr. Oz are associated with nor do they endorse any specific resveratrol product, company or online solicitation of such products. Any companies that misrepresent their affiliation are making false claims. Harpo attorneys are pursuing companies that claim such an affiliation.”

http://www.oprah.com/article/health/nutrition/20090105_orig_acai

Image from:  http://x.weightlossblog2009.com/images/dr-oz-and-oprah-pic.jpg

Filed under: In the Courts, Trademark by brandond