A California Court of Appeals has ruled that former baseball star Steve Garvey is not liable for statements he made while appearing in two infomercials for weight-loss supplements.
The decision limits the circumstances under which an advertising spokesperson can be held responsible for product claims, according to news reports.
In 2000, the Federal Trade Commission had filed suit against the former Los Angeles Dodgers and San Diego Padres first baseman along with producers of infomercials for manufacturer Enforma Natural Products of Encino, CA. The FTC claimed false advertising and other violations of the Federal Trade Commission Act in connection with ads for the “Fat Trapper” and “Exercise in a Bottle,” weight loss supplements constituting the “Enforma System.”
But the Ninth Circuit Court of Appeals in Pasadena, CA, in an opinion filed Sept. 1, affirmed a district court’s finding in favor of Garvey since the FTC had failed to show that Garvey intentionally or recklessly made false claims about the Enforma System, the reports said
This is the highest ruling covering FTC policies on celebrity endorsements, and the most significant since a settlement involving singer Pat Boone for his endorsement of an acne medication in the 1970’s. However, well-known personalities should still protect themselves before accepting endorsements, said Garvey’s attorney, Edward Glynn, of Washington, DC-based Venable LLC, in a statement.
“This isn’t carte blanche,” Glynn said. “If you’re a celebrity spokesperson, you have to take at least sufficient steps so someone won’t be able to say you were recklessly indifferent to the truth of product claims. You can’t just show up, and say ‘where’s my script?'”
The court noted that Garvey and his wife had used the Enforma System and lost weight. Additionally, Garvey had reviewed two booklets containing substantiation materials for the products being sold and had spoken with individuals who had experienced positive results using the Enforma System.
The Ninth Circuit concluded that Garvey’s knowledge and the other steps he took were sufficient to “pass any substantiation requirement for celebrity endorsers.” The court also called on Congress and the FTC to clarify the rules that would apply to endorsers and celebrity spokespeople, as opposed to the advertisers themselves.
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