Gilbert Oshinsky LLP Announces Class Action Lawsuit Against Weight Watchers and Applebee's for False Nutritional Advertising

Gilbert Oshinsky LLP Announces Class Action Lawsuit Against Weight Watchers and Applebee’s For False Nutritional Advertising

Washington, DC (September 10, 2008)— Gilbert Oshinsky LLP, along with the law firms Bartimus, Frickleton, Robertson & Gorny, P.C., SimmonsCooper LLC, and Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, announced today that they have filed a class action lawsuit in the U.S. District Court for the District of Kansas against Applebee's International, Inc., its corporate parent DineEquity, Inc., and Weight Watchers, Inc. on behalf of all U.S. citizens who have purchased meals from the Applebee’s Weight Watchers® Menu during the past four years.

According to the complaint, the Applebee’s Weight Watchers® Menu lists the fat, calorie, and fiber content of each dish, as well as the number of Weight Watchers® "Points."  But testing by an independent laboratory has shown that the menu grossly misrepresents the fat and calorie content, and that many dishes actually contain up to three times the amount of fat and significantly more calories than advertised.

Even more troubling is Weight Watchers’ alleged role in this scheme. As one of the nation’s most popular diet organizations, Weight Watchers has a loyal following of people trying to follow the Weight Watchers diet. According to the Complaint, however, Weight Watchers betrayed its supporters by developing, advertising, and approving a menu that is inconsistent with that diet.

"All of these companies appear to be taking advantage of customers who pay attention to nutritional information when they eat at restaurants," says Gilbert Oshinsky’s August J. Matteis, Jr., one of the attorneys for the plaintiff. "They promise their customers healthier meals, but the food may not be as healthy as advertised."

Antonio Valiente, the named plaintiff, has been a loyal Applebee’s customer for years because of its Weight Watchers® Menu. "If I had known the truth, I never would have eaten at Applebee’s." says Mr. Valiente.

The lawsuit alleges claims under Kansas consumer protection law and the federal Racketeer Influenced and Corrupt Organizations Act, and seeks class-wide damages and injunctive relief. For more information about the lawsuit or to receive a copy of the Complaint, please contact Tara Kelly at (202) 772-3969.

Based in Washington, DC, Gilbert Oshinsky LLP is a law firm that represents a wide range of clients, including corporations, non-profit organizations, and individuals in complex disputes, including high-stakes litigation, class actions and ADRs. Best known for representing policyholder interests in significant insurance coverage matters, Gilbert Oshinsky LLP also has an active public interest practice.