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Court finds former baseball star not liable for endorsements in U.S. FTC action

Published in Obesity and Diabetes Week, October 4th, 2004

In a decision that limits the circumstances under which an advertising spokesperson can be held responsible for product claims, the Ninth Circuit Court of Appeals in Pasadena, California, has ruled that former baseball star Steve Garvey is not liable for statements he made while appearing in 2 infomercials for weight loss supplements.

In 2000, the U.S. Federal Trade Commission (FTC) had filed suit against Garvey along with producers of infomercials for manufacturer Enforma Natural Products of Encino, California. 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...

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