TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

Jillian Michaels

Sues Over Chocolate Cake

2/17/2010 7:01 PM PST BY TMZ STAFF

Jillian Michaels Sues Over Chocolate CakeJillian Michaels is taking the pig by the snout, filing her own lawsuit in what has become a bitter battle over Maximum Strength Calorie Control.

Michaels has filed a defamation lawsuit against a lawyer for comments the attorney made to TMZ. The attorney, Melissa Harnett, filed a class action lawsuit on behalf of some women who claim Calorie Control -- the product for which Michaels is the spokesperson -- is bogus and doesn't make you lose weight.

TMZ spoke with Harnett after the class action suit was filed and the attorney told us, "Telling people you take two magic pills and then eat chocolate cake all day is a deception."

In her defamation lawsuit, Michaels claims the Calorie Control people never claimed the product was a chocolate cake buster.

Michaels is suing for unspecified damages.

28 COMMENTS

No Avatar
1.

Krystal    

Love it!!!

1520 days ago
2.

scarlett    

If anyone believes they can take magic pills and then eat all the chocolate cake they want, they are seriously deluded.

1520 days ago
3.

Bren    

Wouldn't common sense tell you that you cannot take 2 pills and eat whatever you want? Having a pill that helps you burn a few extra calories is not going to help if you eat 5000 calories a day.

I would be too ashamed to show my stupidity by filing a lawsuit like this. The person filing is not only hungry for food, but money as well.

1520 days ago
4.

um, no thanks    

You've got to love it!

1520 days ago
5.

Mayu    

good for her!

I watched these commercials for a while now... (my friend uses the pill) and it states in the commercial that it works amazing WITH AN EXISTING DIET/EXERCISE PLAN!!

It never states its a miracle pill where you can eat all you want and boom you'll lose weight. Fatties who think that are fat for that reason... THEY'RE LAZY!!

It says on the bottle, in the directions and on tv that you still need to diet and exercise, that this is just an extra aid. I hope she wins and shuts these opportunistic fatties up.

1520 days ago
6.

youreabungler    

I just going to sue to get this ugly man off tv, and the internet. Gross.

1520 days ago
7.

kidneydonor    

Attorney Melissa Harnett, and her plaintiff class - real or desired – are going to quickly discover they picked on the wrong “celebrity” trainer.

Which suit did she file? Where is the record of this utterance and who from TMZ spoke with Ms. Harnett? “TMZ spoke with Harnett after the class action suit was filed and the attorney told us, "Telling people you take two magic pills and then eat chocolate cake all day is a deception."

Hey there TMZ: since the horse is out of the barn (Cali attorneys are piling on, boiler-plating the original causes of action and synching the pleadings to state laws and 9th circuit case law, can you pull and post the 3 complaints for comparison and fact checking?

I’m curious whether the plaintiffs admit to incriminating behaviors smoking, drinking, etc and if their weight loss is been done under a physician’s supervision.


Read more: http://www.tmz.com/2010/02/17/jillian-michaels-sues-chocolate-cake-lawsuit/#comments#ixzz0fqYd6Gyp

IMHO because Jillian Michaels has been a trainer for 8 seasons on a network reality weight loss show and because she is striking out in her own after this season it make her an easy target for vilification of some of the more aggressive OCD bloggers of Biggest Looser. Aside from the fans’ (perceived) abandonment issues (and possible industrial skirmishing amongst competing brands and products) JILLIAN MICHAELS IS MERELY THE LATEST COLLATERAL DAMAGE IN A 5 YEAR LITIGIOUS KERFUFFLE between the FTC and this Utah-based company and a 20 year WAR between the vitamin and food supplement industry and Big Pharma’s proxy, the FTC.

After reeading in in the FTC sand fitness/phrama sites, and its apparent that the LERNEL of these suits’ complaints and complainants discontent can be discerned and has been percolating easily on in the BL season 9 ad nauseum as seen on the network’s tightly “moderated” (censored) community boards ever since the JM launched her products and her dissatisfaction with the producers became known. (Gotta wonder too if the Mormon 'phobes are hating on her for other reasons wholly unrelated to the efficacy of the products or their dissapointing weight loss.)

I am not convinced that this network may not in fact actually be aiding and abetting the “discontent” of the aspiring weight loss customers of Jillian’s’ brand for their own nefarious and self-serving sweeps week purposes – reminiscent of and not unlike its bungling and CYA maneuvering in the Leno-O’Brian breach of contract programming incident.

JM has, in part, been joined, strategically and tactically, as a “necessary party” (term of art) in civil litigation legal parlance; in plain English, because she is the face and brand name attached to market the product. Its relatively simple to research the five year regulatory skirmishes and litigation history and back-biting schoolyard competitive intrigue behind this latest brouhaha.

Recognizing that although Jillain despises the commercialization of her work ethic, nonetheless, my considered suggestion is that she has no option but to go on the offensive and for JM to fight FOR public opinion IN the public arena and enlist her many allies from the LA scene.

http://www.sltrib.com/ci_14412513? Suit against trainer Jillian Michaels involves Utah companies. Suit Against Trainer Jillian Michaels Involves Utah Companies

The Sale lake Tribune 02/17/2010.
“ In a statement, Michaels said, "My reputation and credibility are of the utmost importance to me. This baseless lawsuit is entirely without merit and is being handled by my legal team. I stand behind all my products and remain committed to helping people achieve their health and wellness goals."
ThinCare said in a statement that Calorie Control underwent rigourous testing. "That research was reviewed by some of the leading weight-loss experts in the world before Jillian would put her name on the product," it said in response to a request for comment from the companies.
In addition, Basic Research and the FTC are engaged in suing each other in federal court in Utah.
The FTC alleges the Salt Lake City companies are violating an earlier agreement by advertising capsules that encourage its customers to "eat all you want and still lose weight."

THE DISPUTE WITH THE FTC GOES BACK AT LEAST FIVE YEARS. The federal agency charged with protecting American consumers has been disputing advertising claims for weight-loss and fat-burning products with Basic Research, affiliated companies and company officials.

In addition, Basic Research and the FTC are engaged in suing each

1520 days ago
8.

kidneydonor    

typo correction:

After reading in the FTC’s site and surfing in fitness/phrama sites, its apparent that the kernel of these suits’ complaints arose (and complainants coalesced) on and can be discerned as percolating ad nauseum on the network’s tightly “moderated” (censored) community boards ever since the products JM launched her products and her dissatisfaction with the BL producers became known.(Gotta wonder too if the Mormon 'phobes are hating on her for other reasons wholly unrelated to the efficacy of the products or their disappointing weight loss.)

1520 days ago
9.

hahahaha!    

No sympathy for her here. As a trainer she knows these kind of pills are ALL bogus and yet she backed one anyway, why? ... money of course. She has her site, a book, she goes on and on about working out HARD, watching what you eat, motivation ect and then goes and lays her name on these pills, makes no sense, it's counter productive and it's probably that endorsement that will hurt her reputation in the end.

1520 days ago
10.

Rose    

Here we go, trashing chocolate cake again!

1520 days ago
11.

kidneydonor    

You've been served. Transalation:Don't mess with Jillian Michaels.

Couch potatoes puhleease Go Volunteer At A Food Pantry or No-Kill Animal Shelter.

I don't know Jillian,I am not affiliated with any parties to the suit, nor the law firms or the Utah companies. I don't have dog in this fight in the typical sense - I just despise free-roam troglodytes and unrepentant bigots spewing vitriol.

I think chocolate is one of the 6 food groups and a 1/2 of a 70% dark cholcate bar should be eaten for nutritional value once a wee. wink

Jllian Michaels is a gifted wellness coach with a a stellar reputation. She’s sought out and synthesized cutting edge research; check out PubMed.com. JM is one of the very few female trainers who is as intellectually rigorous as she is physically tough. I think she is one of the most savvy bio-nutrient, integrative medicine and wellness-oriented trainers working in the fitness industry today.

IMHO, these class actions are nothing more than an opportunistic, frivolous consumer products lawsuit.

Are Ms.Hensley and Ms. Creer et al their attorneys, so deluded and blinded by greed to seriously think thetr allegations will not be easily rebuttable on multiple levels of fact and law? With the many interntionally expert TCM practitioners and medical schools (allopathic and asian) as there are in SoCal and LA, Jillian's legal team will be able to easily locate imminently qualified experts.

What professional due diligence did she and her lawyer do (per State Bar Association's Code of Ethics) before filing her suit? Other than to plagiarize the earlier Utah pleadings yet insert the relevant Cali statutes. How do they think they can sidestep, ignore obfuscate the historical reality that the botanical and energetic properties of zhu ke (aka“ bitter orange’) have been studied and are a staple in the Chinese herbal pharmacopoeia for over 3000 years?

To wanna-be class members and lead plainiffs: Are you plp claiming in your affidavits and filmed depositions that you were not informed clearly and affirmatively about the products at issue? Are you truly claiming ignorance of the current state and past history of your pre-existng metabolic health and medical conditions? Lots luck prevailing with those LOL contentions.

Since when was historical revision a winning litigation strategy?

1520 days ago
12.

NickSunset    

Ms. Self righteous peddling snake oil hmmm - is she just a money grubbing hoe ....Me thinks so.

1520 days ago
13.

kidneydonor    


I doubt any suits against JM will even survive the class certification review, let alone, pass muster after discovery of plaintiffs' history and lifestyle habits and expert depositions. These suits will be tossed out on summary judgment in 60 days or less. Bet On it.

I would hope to work with someone as fierce, smart and principled as she is - tho' regrettably I’m not in Cali.

I have used TCM (acupuncture herbs, gi gong, massage) for over 30 years - nearly half my life.

Zhu ke (aka zhi shi) has often been included in bulk herbal formulas and pills prescribed by L.Ac and D,O,M.s

I’ve researched her formulas, looked at the package. I agree the explanations and product info is sketchy,but there is more information at the website.

REALTY CHECK:

If you're a lazy reader, not willing to make and keep making healthy changes in lifestyle and mental outlook, looking for a magic bullet in lieu of doing the hard work - then emphatically, do look elsewhere.

I am unpersuaded by the cynical ad hominine twadlle and uniformed regurgitation on these JM bases less lawsuit threads. Folks, If your knee-jerk skeptic cannot be reigned in, then direct it towards the plaintiffs Ms. Creer, Ms.Hensley and et al - not in Ms. Michaels' direction.

I doubt JM's formulas could be proven to be either “junk science” or that she has “sold out”.

Harvey? weigh in with a little consumer prod 101 for laypeople. (pun intended). (says that ole girl you-know-who from up thar somewhere in orygun.)

1520 days ago
14.

kidneydonor    

@these kind of pills are ALL bogus ... ? oh really Kelly ? What do your base your twaddle on, besides the ringing inside the hollow void between your ears? do you have just one any source you can cite? Are you a daddy Osborne's little girl Kelly?

1520 days ago
15.

Kazzar    

thank God...balls is alive and well

1520 days ago
| 1 | 2 | Most Recent | Next 15 Comments

Around The Web