Overview
Calling it a "transparent tactical maneuver designed to gain leverage," defendants Kimberly Kardashian, Khloe Kardashian-Odom and Kourtney Kardashian moved to dismiss the putative class action complaint filed against them and co-defendant Quicktrim, LLC (and others), alleging that the Quicktrim weight loss products did not deliver promised results. The Kardashians, "celebrity spokespersons" hired to promote the Quicktrim products, argue that the plaintiffs are seeking to "make new law" based on a rarely-recognized (and inapplicable here) theory of "spokesperson liability." The complaint alleges that the defendants, including Quicktrim, the Kardashians and retail sellers of Quicktrim products including CVS, Walmart and Amazon.com, breached common law warranties and violated various state and federal statutes by making untrue and unsubstantiated claims about the Quicktrim products. According to the Kardashians' motion, the sisters were not "sellers" or "merchants" of Quicktrim and thus cannot be liable under any warranty theory. Moreover, the Kardashians, best known as the stars of several reality TV shows, including Keeping Up with the Kardashians, Khloe & Lamar, Kourtney and Khloe Take Miami and Kourtney and Kim Take New York, argue not only that the complaint fails to allege that they made any public statements that did not reflect their honest opinions about the Quicktrim products, but that should the case be allowed to proceed it would "spawn a wave of litigation against high-profile individuals who help promote and advertise products." The other defendants also moved today to dismiss the complaint in its entirety.