Consumer Fraud
Is Oprah complicit in consumer fraud?
There are links below to the Illinois Consumer Fraud Act and Uniform Deceptive Trade Practices Act.
Each state has its own version of a consumer fraud act. Each is likely to be
similar to Illinois’ where, incidentally, Oprah’s media empire is
headquartered.
The Illinois
Consumer Fraud Act states:
(815
ILCS 505/2)
Sec. 2
Unfair methods of competition and unfair or
deceptive acts or practices, including but not limited to the use or employment
of any deception fraud, false pretense, false promise, misrepresentation or the
concealment, suppression or omission of any material fact, with intent that
others rely upon the concealment, suppression or omission of such material fact,
or the use or employment of any practice described in Section 2 of the
"Uniform Deceptive Trade Practices Act", approved August 5, 1965, in
the conduct of any trade or commerce are hereby declared unlawful whether
any person has in fact been misled, deceived or damaged thereby. In construing
this section consideration shall be given to the interpretations of the Federal
Trade Commission and the federal courts relating to Section 5 (a) of the Federal
Trade Commission Act. (emphasis added)
(Source: P. A. 78‑904.)
As can be seen by the letters I sent to her offices in Chicago, Oprah and her staff likely knew about the misrepresentation made by Katz and Cruise in promoting their 3-Hour Diet as “Yale University Endorsed.” Though I cannot guarantee that they were received, none were returned to me.
Here is the text of the letter sent to Oprah's staff and the list of recipients which appear after the text.
Here
is the text of the letter sent to Oprah.
Other recipients appear in the CC at the end.
According
to the Uniform
Deceptive Trade Practices Act:
(815 ILCS 510/)
Sec. 2. Deceptive trade practices.
(a) A person engages in a deceptive trade practice
when, in the course of his or her business, vocation, or occupation, the person:
(5) represents that goods or services have
sponsorship, approval, characteristics, ingredients, uses, benefits, or
quantities that they do not have or that a person has a sponsorship,
approval, status, affiliation, or connection that he or she does not have;
(emphasis added)
It is inarguable that Cruise and Katz misrepresented an
approval/sponsorship that they did not have. Here is the
letter from Yale I received. It is also available at this location
and here,
too.
Yet Oprah, despite her
and her
staff’s likely knowledge of the misrepresentation, endorsed
the 3-Hour Diet in the August 2006 issue of O Magazine.
It is arguable that this is complicity in fraud, and even
if it is not, it is really, really slimy.
Further, she continues to use Katz as a contributor to O magazine.