Deal sought in Winfrey firm’s suit
Weight loss ad uses name of billionaire
The defendants in a federal lawsuit brought by Oprah Winfrey’s company Harpo over alleged unauthorized use of her name to sell weight loss gummies are in the process of trying to settle the dispute with the billionaire, their Las Vegas attorney said.
Ryan Gile, the lawyer for NUU3 Nutrition LLC and its managers Brendan O’shea and Danny O’shea, said the two sides are engaged in “good faith settlement discussions” but did not want to say anything further without his clients’ permission.
Harpo is suing NUU3 Nutrition, based in Carson City, in federal court in Las Vegas for advertising and selling “Oprah Winfrey Gummies” that promote weight loss, according to a filing by the law firm Lewis Roca Rothgerber Christie
LLP.
The product’s advertisement, still on the website for healthweb magazine, touts the flavored, chewy gummies as a “keto” supplement that “burns fat at a rapid rate,” “dramatically speeds up your metabolism,” “decreases cholesterol levels” and lowers blood pressure.
The gummies, containing extracts of apple cider vinegar, green tea and garcinia cambogia, sell for $65.99 for a bottle of 60 and come with a 60-day money back guarantee, according to the website.
“For some people, managing their weight successfully includes taking keto gummies that help reduce belly fat, curb the appetite, and boost metabolism, and one brand on the market designed to do this is Oprah Winfrey keto gummies,” according to the website.
Harpo’s lawsuit accuses the defendants of trademark infringement by using Winfrey’s name to sell their product without authorization, false advertising for creating the impression that she endorsed it and deceptive trade practices.
Further, the defendants “have no substantiation to demonstrate that their products perform as advertised and upon information and belief, such products do not perform as advertised,” according to Harpo’s complaint.
“Defendants’ actions are willful and reflect an intent to confuse consumers and profit from the goodwill and consumer recognition associated with Harpo and its OPRAH Family of (trademarks),” it reads.
Winfrey’s company is asking for a jury trial and an order by the court permanently enjoining NUU3 Nutrition and the O’sheas from using her name, trademarks or likeness to promote or sell their wares in the future.
The plaintiff also wants the court to award Harpo damages, including the costs to correct the “erroneous” impression from the public that Winfrey endorsed the gummies and three times the amount that defendants made in profits from sales of the supplements.
Harpo’s lawyers Michael Mccue and Meng Zhong, both of Las Vegas, could not be reached for comment.
On Monday, a federal judge granted Gile’s request to extend the deadline defendants have to answer Harpo’s complaint to Sept. 1, court records show.