Federal Trade Comm. v. Trudeau, No. 03 C 3904, 2007 WL 4109607 (N.D. Ill. Nov. 16, 2007) (Gettleman, J.).
Judge Gettleman held defendant Kevin Trudeau (“Trudeau”) in contempt for violating the Court’s Stipulated Permanent Injunction (the “Injunction”). In 2003, plaintiff Federal Trade Commission (“FTC”) filed suit against Trudeau* alleging, among other things, false advertising pursuant to the FTC Act, 15 U.S.C. Section 52(a). The advertisements at issue included various informercials in which Trudeau allegedly claimed that the coral calcium in his supplement Coral Calcium Supreme could treat cancer, multiple sclerosis and heart disease, among other medical conditions. In settlement of the FTC’s suit, the parties agreed to and the Court entered the Injunction. The Injunction generally prohibited Trudeau from producing infomercials, with the exception that he could make infomercials promoting books, so long as the infomercials did not misrepresent the books. The FTC argued that a series of three infomercials promoting Trudeau’s new book The Weigh Loss Cure “They” Don’t Want You to Know About (the “Book”) violated the Injunction because Trudeau made claims in the infomericals that the weight loss program described in the book was “easy,” “simple” and prevented weight gain forever once complete.
The weight loss plan had four phases, the last of which was to be followed for the remainder of a person’s life. Each phase had various requirements (or strong recommendations) including colonics, various organ cleansings, avoiding use of over the counter or prescription drugs, daily walks and eating only 100% organic foods. Phase two also required daily injections of human chorionic gonadotrophin (“HCG”). HCG is available only by prescription in the US, but the FDA specifically stated that it should not be used for treating obesity. Trudeau argued that the claims were mere puffery and opinion which, therefore, did not violate the Injunction. But the Court held that Trudeau’s claims that the Book detailed an “easy” diet were false. Furthermore, Trudeau’s claims that once the diet was complete you could eat anything you wanted were false because the fourth phase of the diet lasted for the remainder of the dieter’s life. The Court, therefore, held Trudeau in contempt and set a hearing to determine an appropriate remedy.
This opinion is also an excellent example of engaging judicial writing. It has one of the most engaging introductions I have read with appeal beyond just the legal community:
Kevin Trudeau is one heck of a salesman. He is also a prolific author, self-described consumer advocate and “exposer of corporate and government corruption.” He is also an ex-felon and, as discussed below, a contemnor of this court’s orders. His favorite marketing tool is the “infomercial,” a lengthy television advertisement that takes the form of a mock interview. Through this medium Mr. Trudeau has sold various products that he claimed could: cure numerous diseases, such as multiple sclerosis, cancer, substance abuse addictions, and arthritis (among many others); reverse hair loss; improve memory; and (apropos to the matter before the court) cause dramatic and permanent weight loss.
(Footnotes omitted). This is the sort of introduction that engages a reader and opens the law to those without legal degrees.
* Click here for a copy of the complaint.
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