Sadly for fans of consumer litigation, the great diet-plan advertising war has ended almost as quickly as it started. On Friday, Weight Watchers and Jenny Craig announced a settlement to a false advertising action that Weight Watchers had filed against Jenny Craig in late January. At issue: a Jenny Craig ad in which the company (and spokeswoman Valerie Bertinelli) claimed that clinical trials showed Jenny users lost twice as much weight as customers using “the largest weight-loss program.”
Paul, Weiss, Rifkind, Wharton & Garrison represented Weight Watchers, which claimed in the federal suit that the Jenny Craig ads represented false advertising and unfair and deceptive competition. A federal judge immediately issued a temporary injunction banning Jenny Craig from airing the offending ad. That injunction became permanent last week, after Jenny Craig (represented by Sidley Austin) agreed to cut the ad in exchange for Weight Watchers dropping its suit, according to Reuters and lawyers who worked on the matter.
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