Flex Belt Consumers Proceed With Most False Advertising Claims

Slendertone Distribution LLC must face class claims it misled consumers into believing its Flex Belt could give them well-defined abs without exercise because its disclaimers may not be enough to avoid liability, the Southern District of California held.

Jane Loomis alleges that Slendertone’s advertisements suggesting that using its electrical muscle stimulator “would assist in weight loss, body contouring, develop visible ‘sixpack’ abs, and could be used effectively as a replacement for abdominal exercises” were false or misleading.

Slendertone moved to dismiss, pointing to statements in its advertising that the Flex Belt doesn’t help with weight loss, and that it only ...