In July, we told you about acai berry products and other supplements being sold online by companies that were using the images of Oprah and Dr. Mehmet Oz to attract customers. The two have fought back with words and now with a lawsuit.

On August 19, 2009, Harpo, Inc.—producers of The Oprah Winfrey Show and The Dr. Oz Show—along with Dr. Mehmet Oz, filed a trademark infringement complaint against 40 Internet marketers of dietary supplements, including acai berry products among others.

“Neither Ms. Winfrey nor Dr. Oz has ever sponsored or endorsed any acai, resveratrol or dietary supplement product and cannot vouch for their safety or effectiveness,” according to a statement posted at Oprah’s Web site. “It is our intention to put an end to these companies’ false claims and increasingly deceptive practices.”

Dr. Oz added, “The companies that are using my name to hawk these products are duping the public. I do not endorse any of these products. By falsely presenting products as ‘scientifically proven’ and endorsed by well-known figures, these companies do a gross disservice to the public health and could even pose a danger to those who believe their false and unproven claims. I am taking this step in the interest of public safety. I feel compelled to stand up against these companies and their deceitful practices.” Watch an ABC News interview with Dr Oz below:


In addition, Illinois Attorney General Lisa Madigan filed consumer fraud lawsuits on August 19 against three suppliers and an affiliate marketer of acai berry products. She charged that the companies “lure customers with free trial offers—through aggressive Internet marketing techniques—and then charge customers’ credit cards prematurely, do not always supply the product, and make it nearly impossible to cancel.” The suits ask the court to bar the defendants from selling dietary supplements or continuing with misleading marketing schemes, and asks for restitution for Illinois consumers who have lost money as well as civil penalties of $50,000 for violating the Illinois Consumer Fraud and Deceptive Business Practices Act.