Class-action status sought in Dr. Phil diet suit

10/8/2005

The TV psychologist famous for dispensing tough love and stern advice is getting counsel himself these days -- from lawyers.

Three disgruntled dieters suing "Dr. Phil" McGraw over his now-discontinued Shape Up! diet regimen are asking that the case be given national class-action status.

In a lawsuit filed in California last year, McGraw is accused of making false and misleading assertions for the supplements that were part of the regimen, including claims they could reduce carbohydrate cravings and appetite swings.

Earlier this week, three dieters asked a Los Angeles County Superior Court judge to expand their fraud claim into a national class-action lawsuit, which could open it to include thousands of new plaintiffs.

A judge could rule on the request early next year.

McGraw's straight talking and unending reservoir of tell-it-like-it-is guidance parlayed his regular appearances on Oprah Winfrey's talk show into his own syndicated show in 2002.

He dove into the lucrative weight-loss market in mid-2003 with a campaign that included advice books and the Shape Up! plan, to which McGraw lent his name and likeness.

Shape Up! shakes, bars, and multivitamins made by Irving, Texas-based CSA Nutraceuticals were on sale for almost a year in pharmacies, supermarkets and retailers such as Target and Wal-Mart.

The campaign called for dieters to take 22 pills a day, at a cost of $120 US a month. The plan also advised dieters to adopt a low-calorie diet and to exercise.

The plaintiffs allege that while they lost money on the plan, they didn't drop any pounds.

According to the package label, Shape Up! supplements contained vitamins and minerals, along with herbs and other ingredients.

Consumers could choose the formulation – "apple" or "pear" -- that most closely matched the shape of their bodies.

A third formulation, called "The Intensifier" and taken in combination with one of the two others, was advertised to "take your weight management efforts to the next level."

The label on the multivitamin box said the pills "contain scientifically researched levels of ingredients that can help you change your behavior to take control of your weight."