Do you remember Dr. Phil’s “Shape Up!” diet plan? It was a higly publicized weight loss plan created by Oprah’s pal, Dr. Phil McGraw. It was featured on both Dr. Phil’s show and NBC a few years ago. I remember it well because a former colleague of mine was invited to appear on the NBC primetime telelvision special that gathered participants from around the country to get fit with Dr. Phil. She flew to New York, met the other guests, flew back, never followed through with the plan, and gained 8 pounds.
To this day she readily admits that her weight gain was all her doing and had nothing to do with Dr. Phil. However, there were a few followers who did follow Dr. Phil’s diet plan and still gained weight. Those unhappy customers sued the TV psychologist and just a few days ago all the parties involved reached a $10.5 million settlement agreement.
According to court documents, the lawsuit, filed in 2004 on behalf of three disappointed consumers, claimed McGraw “defrauded fans with his yearlong venture into the diet supplement business, making false statements about the pills. McGraw has denied the allegations and admitted no wrongdoing or misrepresentation in the settlement.”
When I heard about the settlement I thought, “Whoa, that’s a lot of money.” But, it turns out that according to an attorney for the plaintiffs, the disappointed customers will not be splitting the millions equally, rather, each will be able to choose replacement products or a small cash reward as part of the settlement. (It wasn’t immediately clear how much each person could receive.) What’s more, according to court documents, “insurance will cover the costs of the settlement and McGraw will have no personal obligation to contribute to the fund.”
As I mentioned earlier, McGraw, got involved in the lucrative weight-loss market in mid-2003 with a campaign that included advice books and his “Shape Up!” with Dr. Phil products. Those products included “Shape Up!” shakes, bars and multivitamins, which were sold in supermarkets, Target, Wal-Mart and elsewhere. The plan called for 22 pills daily at $120 a month. In 2004, after being faced with a Federal Trade Commission investigation into false-advertising concerns the manufacturer of the supplements agreed to stop making them. (According to the label, the pills “contain scientifically researched levels of ingredients that can help you change your behavior to take control of your weight”).
So what does this mean to you? If you purchased any of the “Shape Up!” products prior to July 1, 2004 (and saved your receipt as proof) you may be eligible for the settlement’s benefits.
Did you join Dr. Phil during his weight loss kick?