Lifestyle Lift Holding, Inc. v. RealSelf Inc., 2:08-cv-10089-PJD-RSW complaint filed on Jan. 7, 2008

Lifestyle Lift has left many patients who have undergone the 1 hour procedure discontented. Some consumers, as a result, posted negative reviews about Lifestyle Lift on a site called RealSelf. Lifestyle Lift proceeded to sue RealSelf claiming trademark infringement (47 USC 230).

On March 3, 2008 RealSelf countersued claiming Lifestyle Lift filled RealSelf's site with shill reviews*, which would breach RealSelf's user agreement and damage the credibility of RealSelf. RealSelf also claimed that Lifestyle Lift was in violation of state and federal truth in advertising laws and the Computer Fraud and Abuse Act.

This case was dismissed on 05/12//08.

Lifestyle lift reviews by RealSelf users 

*This means that some of the positive reviews on the RealSelf site may have been written by agents from Lifestyle Lift, posing as patients on the RealSelf.com site in an attempt to boost the procedure to 'worth it' status.

Lifestyle Lift Holding, Inc. filed a complaint against Leonard Fitness Inc & Justin Leonard on 10/19/2007. Leonard's site gives consumers the right to comment and read about infomercial products. Lifestyle lift claimed that Leonard violated the company's trademark rights and has engaged in false advertising.

Public Citizen moved to dismiss the complaint on 12/12/07. The First Amendment protects the use of the Lifestyle Lift name on www.infomercialscams.com  where that procedure is discussed by patients who have had it; trademark laws don't forbid that type of use.

This case was dismissed on May 2, 2008.

Dissatisfied Customers Lash Out Against Lifestyle Lift (complaints posted on Leonard's site)

According to the Center for Devices and Radiological Health of the FDA, "Lifestyle Lift is not cleared, per se, by the FDA as this is considered a medical procedure.  We do not clear procedures but rather the devices used. Therefore, the actual sutures used for a Lifetstyle Lift would be the items under FDA regulatory authority."

A representative from the FDA's Office of Communication, Education and Radiation Programs (CDRH) states,

"For any adverse events related to the actual procedure [Lifestyle Lift], please report to the MedWatch program through either the toll free number of 1-800-FDA-1088 or through the website of http://www.fda.gov/medwatch/index.html ."

1. Lifestyle Lift Holding, Incorporated et al v. New Dream Network, LLC et al	January 28, 2008
2. Lifestyle Lift Holding, Inc. et al v. Payman Simoni et al	October 26, 2007
3. Lifestyle Lift Holding, Incorporated et al v. Bowler	October 12, 2007
4. Lifestyle Lift Holding, Incorporated et al v. Kotler et al	October 12, 2007
5. Lifestyle Lift Holding, Incorporated et al v. Maryland Plastic Surgery Associates, LLC et al	October 12, 2007
6. LIFESTYLE LIFT HOLDING, INC. v. CM et al	October 17, 2006
7. Lifestyle Lift Holding, Incorporated et al v. Cozmedic Surgery Associates, L. L. C. et al	June 30, 2006
8. Lifestyle Lift Holding, Incorporated v. Lift Site	December 19, 2007

9. Lifestyle Lift Holding, Inc. v. NBC 10                                                                                                September 26, 2006

Could the lawsuits filed on behalf of Lifestyle Lift, Holding, Inc be a pre-emptive strike to stave off a class action lawsuit by the growing number of angry and dissatisfied patients who have had the procedure? Some consumers have spent thousands of dollars Lifestyle Lift only to be left with unsatisfactory cosmetic results, numbness, scarring, or even deformity. It seems as though the company doesn't want their own customers to have the ability to speak freely about their experiences online.

What about prospective patients? Do they not have the right to know or read about negative Lifestyle Lift experiences? Wouldn't the information posted on the aforementioned web sites help patients make an informed decision before they spend thousands of dollars on a procedure that may not produce satisfactory results for each and every patient? 

Perhaps, we shall next see meritless complaints against Web sites filed by manufacturers, whose medical devices have caused illness or death.

Copyright 2008, Pamela Jones and Human Adjuvant Disease Corp.

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