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SlimFast Misleading “Clinically Proven” Claims New York Class Action

The complaint for this class action opens with the words, “Weight is a significant public health issue in the United States with which our consumer culture is obsessed.” Weight loss is big business, with companies seeking ways to differentiate their products in a crowded market. The complaint alleges that KSF Acquisition Corporation, which does business as SlimFast and Slim-Fast, gives a false, misleading, and deceptive impression as to what is “clinically proven” about its weight-loss process.

The class for this action is all consumers who, within the applicable statute of limitations period, bought in New York, whether online or in-person, SlimFast products (made, marketed, distributed, or sold by SlimFast), which SlimFast claims to be “Clinically Proven [to] Lose Weight & Keep It Off.”

SlimFast products are part of the meal-replacement segment of the weight-loss market, which the complaint claims brought in more than $9 in 2020 and may increase to $12.5 billion by 2025. Because the market is so large, companies compete to gain market share.

The complaint alleges, “In order to capitalize on ballooning consumer demand and increase its market share, [SlimFast] has made false, misleading, and deceptive representations to consumers about the efficacy of its meal replacement products; specifically, that its products are ‘clinically proven’ to cause and maintain weight[ ]loss.”

The National Advertising Division (NAD) of BBB National Programs is an independent attempt by the advertising world to self-regulate. It warns that when companies make representations that a product’s efficacy has been “clinically proven,” those claims “must closely match the underlying evidence because they are a promise that there is scientific evidence that establishes the truth of the claim. [Such] claims … convey an especially strong message to consumers.”

Unfortunately, the complaint alleges, none of the SlimFast products have been scientifically proven to achieve or maintain weight loss. The complaint refers to “the recent NAD Decision criticizing [SlimFast’s] use of the ‘clinically proven’” claim. “Moreover, as the NAD noted,” the complaint says, SlimFast “did not dispute the fact that all of the clinical studies it relies on to support the Clinically Proven Claim tested products and plans that are different than any of the current SlimFast Products and Plans.”

So what exactly did these studies prove? The complaint quotes the NAD as saying that SlimFast’s “clinical studies demonstrate dieters will lose weight if they consistently adhere to 1200-1400 calories a day, not that the current Slim[F]ast products are clinically proven to promote and help maintain weight loss.”

The two causes of action involving violations of the New York General Business Law.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

SlimFast Misleading “Clinically Proven” Claims New York Complaint

November 15, 2021

The complaint for this class action opens with the words, “Weight is a significant public health issue in the United States with which our consumer culture is obsessed.” Weight loss is big business, with companies seeking ways to differentiate their products in a crowded market. The complaint alleges that KSF Acquisition Corporation, which does business as SlimFast and Slim-Fast, gives a false, misleading, and deceptive impression as to what is “clinically proven” about its weight-loss process.

SlimFast Misleading “Clinically Proven” Claims New York Complaint

Case Event History

SlimFast Misleading “Clinically Proven” Claims New York Complaint

November 15, 2021

The complaint for this class action opens with the words, “Weight is a significant public health issue in the United States with which our consumer culture is obsessed.” Weight loss is big business, with companies seeking ways to differentiate their products in a crowded market. The complaint alleges that KSF Acquisition Corporation, which does business as SlimFast and Slim-Fast, gives a false, misleading, and deceptive impression as to what is “clinically proven” about its weight-loss process.

SlimFast Misleading “Clinically Proven” Claims New York Complaint
Tags: "Clinically Proven" Claim, Deceptive Advertising, Deceptive Labels