Kevin Trudeau, a name synonymous with late-night infomercials and controversial self-help books, became a figure of public and legal scrutiny due to his deceptive marketing practices, particularly surrounding his book, "The Weight Loss Cure 'They' Don't Want You to Know About." This article delves into the controversy, legal battles, and eventual imprisonment of Kevin Trudeau for his fraudulent activities.
The Rise of an Infomercial King
Kevin Trudeau gained notoriety through his late-night infomercials promising life-altering solutions. He promoted various products, including those claiming to offer significant weight loss and cure addictions. However, these claims soon attracted the attention of the Federal Trade Commission (FTC).
Early Legal Troubles with the FTC
The FTC's first lawsuit against Trudeau was filed in 1998, accusing him of making false and misleading claims in his infomercials. These claims centered around products that he asserted could cause significant weight loss, cure addictions to heroin, alcohol, and cigarettes, and enable users to achieve a photographic memory. A stipulated court order resulted, barring Trudeau from making false claims for products in the future. He was also ordered to pay $500,000 in consumer redress and establish a $500,000 performance bond to ensure compliance.
In 2003, the Commission charged Trudeau with violating the 1998 order by falsely claiming in infomercials that Coral Calcium Supreme could cure cancer. The court subsequently entered a preliminary injunction ordering him not to make such claims. When Trudeau continued to make cancer-cure claims about Coral Calcium, he was found in contempt of the injunction. In 2004, Trudeau agreed to an order that resolved the Coral Calcium matter. The order directed him to pay $2 million in consumer redress and banned him from infomercials, except for infomercials for informational publications such as books, provided that he "must not misrepresent the content" of the books.
"The Weight Loss Cure" and Further Deception
Despite the previous legal actions, Trudeau continued his infomercial career, this time focusing on his book, "The Weight Loss Cure 'They' Don't Want You to Know About." This book became a bestseller, but its promotion was riddled with misrepresentations.
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In his infomercials, Trudeau falsely claimed that the book described an "easy," "simple" protocol that, once "finished," would allow the consumer to "eat anything" he or she wants. However, the reality was far from this. The diet protocol required colonics, which must be done at the office of a licensed practitioner, as well as injection of human growth hormone; dieters could not "complete" or "finish" Trudeau's four-phase program, because Trudeau's book states that "Phase 4 is for the rest of your life"; dieters could not eat "anything" they want, because Trudeau's book prescribes that dieters following Phase 4 must eat "only 100% organic food," and no "brand name" food, "fast food," or "food served by regional or national chain restaurants"; and the diet protocol did not require "no exercise," because Trudeau's book states that three of the diet's four phases, including Phase 4, require walking one hour outside every day.
Contempt of Court and Criminal Charges
Trudeau's misrepresentations of the contents of his weight-loss book in infomercials led to further legal trouble. In November 2007, Judge Gettleman found Trudeau in contempt, stating that he had misled thousands of consumers with false claims that were "in flagrant violation" of the court's order. In August, the court banned Trudeau "or any person acting in concert with him, from participating in the production or publication of any infomercial for any product, including books, in which Mr. Trudeau or any related entity has an interest, for a period of three years from the date of this order." The court also imposed a judgment against Trudeau of more than $5 million dollars.
In 2013, a jury found Trudeau guilty of criminal contempt for making misleading claims in TV infomercials for his best-selling weight loss book. Prosecutors listed several of the false claims Trudeau made in his infomercials for "The Weight Loss Cure They Don't Want You to Know About," including that it was not a "diet," even though it required at least three weeks of eating 500 calories or less a day. It also required daily injections of a hormone found only in pregnant women, which Trudeau claimed could be found "anywhere," when in fact the hormone required a doctor's prescription. Prosecutors also said that Trudeau claimed that after completing the diet, consumers could eat anything they wanted without regaining weight.
Sentencing and Imprisonment
In 2014, Kevin Trudeau was sentenced to 10 years in federal prison for criminal contempt. District Judge Ronald Guzman portrayed Trudeau as a habitual fraudster who had been attempting to cheat others for his own gain since his 20s. The judge stated that Trudeau was "deceitful to the very core" and had treated federal court orders as mere suggestions.
Prosecutors argued that Trudeau was an "unrepentant, untiring, and uncontrollable huckster who has defrauded the unsuspecting for 30 years" and that he was likely to continue committing fraud even in prison.
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The Aftermath and Consumer Redress
Following Trudeau's conviction, the FTC sent hundreds of thousands of refund checks to people who bought "The Weight Loss Cure 'They' Don't Want You to Know About." The checks reflected partial refunds for the deceptive marketing practices employed by Trudeau.
The FTC emphasized that the Trudeau story highlights the importance of order enforcement and protecting consumers from recidivists.
Key Takeaways
The Kevin Trudeau weight loss cure controversy serves as a cautionary tale about deceptive marketing practices and the consequences of violating court orders. The case highlights the following key points:
- Misleading Infomercials: Trudeau used infomercials to make false and misleading claims about his weight loss book, deceiving consumers into purchasing it.
- Contempt of Court: Trudeau repeatedly violated court orders, leading to criminal contempt charges and a lengthy prison sentence.
- Consumer Harm: Trudeau's deceptive practices harmed consumers who purchased his book based on false promises.
- FTC Enforcement: The FTC played a crucial role in investigating Trudeau's activities, bringing legal action against him, and securing refunds for consumers.
- Importance of Truth in Advertising: The case underscores the importance of truth in advertising and the need for advertisers to be honest and transparent in their claims.
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