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Top Surgeons, one of the companies behind the 1-800-GET-THIN promotion for Lap-Band weight-loss surgery, has agreed to pay $1.3 million to settle false advertising allegations raised in a class action lawsuit filed by relatives of two dead Lap-Band patients.
Plaintiffs Ana Renteria and Laura Faitro filed the class action lawsuit in 2011 after their loved ones, and several other people between 2005 and 2011, died from the Lap-Band surgery. They accused Top Surgeons, which owned and operated the weight-loss business, and several other companies – including several surgery centers and marketing company 1-800-GET-THIN, LLC – of using dozens of billboards, television ads and radio ads to promote the weight-loss surgery without accurately disclosing the risks associated with the procedure.
The class action lawsuit further accused the companies of employing unqualified physicians and allowing surgeries to be performed in unsanitary conditions.
In December 2011, the U.S. Food and Drug Administration (FDA) accused 1-800-GET-THIN, LLC of using misleading advertisements for the Lap-Band surgery in violation of the federal Food, Drug and Cosmetic Act, which prohibits false advertising of a device and requires all advertisements to provide relevant warnings, precautions, side effects and contraindications.
The FDA said warnings about the risks were too small to read on billboards that were plastered across Southern California, and the company was told to immediately cease all Lap-Band marketing that violated the FDCA.
Several wrongful death lawsuits were filed after the FDA warning, in addition to Renteria’s and Faitro’s class action lawsuit. They sought damages from the companies for false advertising.
Top Surgeons is the only defendant paying out in the proposed class action settlement, and is doing so without any admission of wrongdoing. The other defendants were dismissed from the case without admission of liability or financial penalty.
The proposed deal will require Top Surgeons to spend $100,000 on billboard advertising throughout Southern California warning the public of the risks of Lap-Band weight-loss surgery.
The company will also pay $500,000 in compensation to an estimated 11,000 Class Members, which include people who contacted 1-800-GET-THIN or 1-800-GET-SLIM and were later billed for medical service.
The rest of the proposed class action settlement will go to legal expenses, the named plaintiffs, and the Settlement Administrator.
Allergan, Inc., the company that makes the Lap-Band, said early last year that it would no longer sell the device to the surgery centers affiliated with the 1-800-GET-THIN ads.
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17 thoughts on1-800-GET-THIN Lap-Band Company Settles False Advertising Class Action Lawsuit
I need info On this lawsuit. I am having problems and don’t have the money to get it removed.
I had the lap band by 1-800 -get -thin and was never notified of any lawsuit .I have been sick ever since I had surgery in 2009 always vomiting . Can someone please contact me about the lawsuit
Missed tons of work sick all the time trowing up it slipped hurt was convince to have it repositioned second time was worse then ever I had to have this devil ring removed
I need to know how to get in on this class action lawsuit. I was swindled out o tons of my insurance money from them. over 90,K
I still have my band from 2010 ive had alot of problems and health issues cause of this
My band hadnt been revised at all and i got it 2010 ..its shame cause no attorney or doctor will help me so i give up
I have never been contacted..about any of this ..i have the lapband in me from 1800getthin ..nobody will take my case