Customers v Dr. Phil McGraw, CSA Nutraceuticals
Customers Sue Over Dr. Phil 'Shape Up!' Products
Three unhappy customers are suing TV psychologist "Dr. Phil" McGraw over his now discontinued Shape Up! diet plan have asked that the case be given national class-action status to include thousands of potential plaintiffs.
The Superior Court suit was filed last year claims McGraw defrauded fans with his yearlong venture into the diet supplement business. A judge could rule on the request for class-action status early 2006.
Shape Up! shakes, bars and multivitamins made by Irving, Texas-based CSA Nutraceuticals were sold in supermarkets, Target, Wal-Mart and elsewhere. The plan called for 22 pills daily at $120 a month.
The lawsuit claims McGraw made false and misleading assertions about the supplements, including claims the products would cause weight loss by promoting metabolism of fat and reducing carbohydrate cravings and appetite swings.
The Shape Up! campaign said the supplements reduced cravings for carbohydrates and helped dieters change their behavior to take control of their weight.
The plaintiffs said they lost money, not weight, and they want their money back as well as damages.
Facing a Federal Trade Commission investigation into false-advertising concerns, CSA Nutraceuticals agreed to stop making the supplements early last year.
