A nationwide class action has been filed against the manufacturer of weight-loss supplement CortiSlim, Window Rock Health Laboratories, Inc., on behalf of all purchasers of the supplement, who allege that the company has used false, deceptive, and misleading advertising to sell its products in violation of California consumer protection laws. The action seeks disgorgement of all profits made, and triple punitive damages.
CortiSlim is a purported weight-loss supplement manufactured by Window Rock Health Laboratories and purportedly formulated by “Dr.” Shawn Talbott. CortiSlim is advertised as “the new science in weight loss!” CortiSlim advertisements state that CortiSlim “is formulated using only standardized extracts and the highest all-natural quality ingredients.” CortiSlim advertisements also state that the supplement provides “a scientifically validated combination of vitamins, minerals and herbs to help maximize your weight loss success.” The supplement supposedly regulates the production of cortisol, which according to CortiSlim advertising, is a “ fat-storing hormone.” The lawsuit alleges that the advertising never gives any specific description of exactly how CortiSlim’s ingredients back to regulate cortisol production, reduce stress, or promote weight-loss.
CortiSlim is advertised on the Internet, on public billboards, in short television commercials, and in an extended television infomercial which appears on major national cable networks as well as local cable access channels in major television markets. The infomercial is a contrived television talk-show program called "Breakthroughs," and features defendants Greg Cynaumon and Shawn Talbott as talk-show host and guest respectively. During the infomercial, the defendants repeatedly refer to one another as “Dr.,” when in fact, neither is a medical doctor. Cynaumon tells the story of how Talbott induced him to take CortiSlim, and how the supplement caused him to lose 30 pounds. The lawsuit alleges that the entire infomercial is nothing but a sham to sell a useless concoction to desperate watchers.
The action names as defendants Window Rock Health Laboratories, Inc., Window Rock Enterprises, Inc., Infinity Advertising, Inc., Shawn Talbott, and Greg Cynaumon. The companies are all intimately involved in manufacturing, advertising, and distributing CortiSlim. Shawn Talbott is the CEO and principal shareholder of Window Rock. Cynaumon allegedly runs Infinity, which engages in advertising for CortiSlim.
The named plaintiffs in the case, from no less than 26 different states, all allege that they ordered CortiSlim after seeing an advertisement on the Internet or on television. After taking the supplement for anywhere from a week-and-a-half to four months, all allege that they lost no weight. A significant number allege that the actually gained weight during the period that they took CortiSlim.
The lawsuit alleges that there is no scientific evidence that cortisol causes obesity. In fact, high levels of cortisol have been associated with high-intensity physical exercise and is thus found in very fit and athletic individuals. It further alleges that there has been no scientific validation of a causal relationship between cortisol production and weight gain, or cortisol reduction and weight loss.
Finally, the lawsuit alleges that the companies use an illegal “automatic shipping” policy, under which they frequently continue to ship customers additional bottles of CortiSlim-- and charge them for those shipments using the customers’ previously provided credit card information-- even after the customers have canceled their orders.
Because the defendants market and sell CortiSlim as a “dietary supplement,” rather than a drug, it is not tested for safety or efficacy, nor approved by the Food and Drug Administration. Similarly, the claims made in CortiSlim advertisements are not scrutinized by the FDA.