Who will be the first to sue 'The Biggest Loser'?--The Hollywood Reporter | Esq. | Entertainment and Media Law

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November 25, 2009

Who will be the first to sue 'The Biggest Loser'?

By Eriq Gardner

Biggest-loser "The Biggest Loser" is one of TV's biggest successes, with more than 10 million viewers each week on NBC and a merchandising business that will reap $100 million this year.

But the NY Times has an interesting story that raises questions about the show and could one day give rise to legal repercussions. According to the paper, medical professionals worry about the extreme weight-loss techniques shown on the series.

"I'm waiting for the first person to have a heart attack," says Dr. Charles Burant, a professor of internal medicine at the University of Michigan.

Many doctors advise patients not to lose more than two pounds per week, but on the show, contestants are shown to lose more than 15 pounds per week. Some have collapsed during the training, but so far, nobody has had serious medical repercussions.

According to the NYT, contestants are required to sign a release acknowledging that "no warranty, representation or guarantee has been made as to the qualifications or credentials of the medical professionals who examine me or perform any procedures on me in connection with my participation in the series, or their ability to diagnose medical conditions that may affect my fitness to participate in the series."

Will this release shield producers from legal trouble?

As we've seen in the reality TV world in the recent countersuit by Jon Gosselin, contestants can always argue that their agreement with producers is unenforceable. Whether a court would agree is another matter.

Moreover, potential plaintiffs may have a claim if they can show "gross negligence." Normally, this is a high bar, but if the medical community is so concerned about "The Biggest Loser," there could be more than a fat chance of a future lawsuit.

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