There's been prior discussion here about Kevin Trudeau and his infomercials. For example, Informercials -- what they teach us about copywriting

The FTC has had enough of Trudeau. They're going after him for contempt of court because of the health claims he's making in his infomercials.

FTC Attacks Kevin Trudeau for Alleged Misrepresentations

Even if copy sells, what's it worth over the long term if it results in multi-million dollar settlements and jail time?

Regards,

-Mike

I admit I don't know much about the guy, but surely you'd steer well clear of anything that could be considered a breech of the original ruling...

I was just having a related conversation the other day about how some of the best marketers out there are scammy slime. There's the ethical dilemma of studying the tactics of someone with a criminal mentality.

I suppose you become desensitized after awhile, but I'm still at the point where I feel dirty by association.

Mike, how can they do that? Does he not have first amendment rights? Health newsletter and book publishers have always been able to make much more aggressive claims than if they were selling a supplement. What has changed here - is it just that the rules don't apply because they don't like Kevin Trudeau? I'm no fan of Trudeau's stuff, but if they abridge his rights, they can do it to anyone. What's your take on this from a legal perspective? Can they do this?

Eileen

Eileen,

Despite what they teach in j-school, the First Amendment isn't an absolute right. There are restrictions, particularly on commercial speech. Selling a book by claiming it contains natural cures for cancer is just begging for a stay in Club Fed.

For a similar example of commercial speech restrictions, take a look at what tobacco companies cannot say about their products these days.

-Mike

Thanks, Mike. I know the first amendment has its limits, I'm just unclear where the line is drawn. So, here's another question. If Trudeau were selling the same books, but toning down his sales claims while not changing a single word in the book itself, do you think they would have as good a case?

In other words, if Trudeau says in the book "This cures cancer naturally" but in selling the book does not say that, would he be off the hook?

Eileen

Eileen,

I doubt the FTC would/could have done anything because of the book's content. Trudeau opened himself up to action by using infomercials to make the claims.

This goes back to copywriting...making unsubstantiated claims can lead to hot water...particularly get-rich-quick or health-related claims.

-Mike

It's not about "health claims he's making in his infomercials."

From the FTC press release:

During the ads, Trudeau claims that the weight loss plan outlined in the book is easy to do, can be done at home, and ultimately allows readers to eat whatever they want. However, when consumers purchase the book, they find it describes a complex, grueling plan that requires severe dieting, daily injections of a prescription drug that consumers cannot easily get, and lifelong dietary restrictions.

They are going after him because he is misrepresenting the content of the books in his infomercials. In his infomercial he's saying:

“...it’s easy to do, you can do it at home...”

“I can attest, it was the easiest, simplest, most effective thing I’ve ever done.”

“And when you’re done with the protocol, eat whatever you want and you don’t gain the weight back.”

“I can eat whatever I want now, anything and as much as I want any time I want. No restrictions now. And the weight’s not coming back. You don’t gain the weight back.”

Yet his book doesn't reflect those claims.

Ok, now it makes more sense. I got the book out of the library a few months ago and it for sure is not easy to do at home. As I recall, you need to be getting regular HGH injections from a doctor.

Thanks, Mike and Mr. Subtle.

As an aside, Mike, I looked at the John Stossel video on your blog about Kevin Trudeau. I got a chuckle out of the fact that Tammy Faye Baaker apparently hosted one of his infomercials with him. Those natural cures didn't seem to do much for her health.

Eileen

It sure doesn't help Trudeau much to constantly attack the
FTC and play the "Us vs Them" model.

I think some of his marketing is brilliant, but to try and but
heads with any 3 letter government entity is just plain idiotic.

Eventually it's just begging for trouble.

Sure, I don't like everything the ATF, FBI, FTC, IRS, SEC, and
others do, but you don't see me writing books telling them all
to "PISS-OFF".

What a tard!

What does he expect?

If you are going to go against those entities, I suggest getting
a laptop with a verizon card and write your blog posts from the
hills of Pakistan.

Otherwise you are just begging to get some jail time.