International Law

Weight Guru Banned, Yet Again

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William Zale, writing at Trade Regulation, reporting about poor Kevin Trudeau

"Infomercial producer and weight loss book author Kevin Trudeau--held in contempt for intentionally violating a 2004 injunction by making an infomercial that misrepresented his book's content--was ordered by the federal district court in Chicago to disgorge infomercial royalties conservatively estimated at more than $5.1 million and was banned for three years from participating in the production or publication of any infomercials for products in which he had any interest.

The ban specifically included books and informational publication."

Kevin clearly cannot help himself from making nutty claims about weight loss.

The question that is important is: why aren't we penalizing the enablers of Trudeau's publications?

Why cannot we find that the television/cable companies who sell airtime to Trudeau, knowing what he is pitching, be held liable for misleading advertising?

What is the the point of leaving the enablers, innocent or negligent, on the sidelines?

Clearly, whether the television/cable companies are innocent or negligent enablers of fraud, we need to clarify their duties to the public.

The FTC needs to take this on, establish a duty of care and then let private enforcement take over.

Speaking, of course, as a disinterested litigator.

Full post as published by Misleading Advertising Law on August 21, 2008 (boomark / email).