
FDA Sends Amazon a Warning Letter
At issue is company’s distribution of products illegally marketed as drugs.
September 2020: Plaintiffs moved for preliminary approval of a proposed settlement agreement. According to its terms, class members who submit valid claims may receive a pro rata share of a $175,000 settlement fund after other fees – including notice and administration costs, attorneys’ fees, and an incentive payment to the named plaintiff – are paid. The proposed settlement agreement also indicates that the company removed and revised certain statements from its advertising materials.
May 2019: A class-action lawsuit was filed against Slendertone for allegedly falsely advertising that using the Flex Belt (a belt that delivers small amounts of electricity into the body causing muscles to contract) will get rid of belly fat and contour the body, lead to visible “six pack” abs and weight loss, and is a replacement for traditional abdominal exercise when, according to the complaint, there is no scientific support for such claims and the FDA has disapproved such devices for the advertised uses. (Loomis et al v. Slendertone Distribution, Inc., Case No. 19-cv-854, S.D. Cal.)
At issue is company’s distribution of products illegally marketed as drugs.
The case may be resolved but what will deceived consumers get out of the deal?
Canned water company signs a landmark endorsement deal with a “hydration assistant.”
The impact of a celebrity endorsement.
Rina Raphael, Los Angeles Times