Tampa Bay Buccaneers tight end Rob Gronkowski, who has certainly had his share of endorsements over the years, has gotten involved with a company that has gotten him sued.
As per The New York Post, a $5 million class action has been filed against Snow Teeth Whitening and a pair of celebrity endorsers: Gronkowski and Floyd Mayweather.
The suit claims that the company unjustifiably charged / charges over a hundred dollars more than arguably comparable products and that the company makes false claims that the lights they sell to consumers will dramatically improve the whitening power and antiviral or antiseptic qualities.
The civil complaint also reportedly contends that the company has suggested in advertising that a “red-light option kills viruses and bacteria in the mouth,” with reference made to the ongoing pandemic in a way that allegedly suggests the device protects against COVID-19.
The Interesting Part…
The basis for Gronk’s specific responsibility isn’t clear, since he simply endorses the product. But, the lawsuit claims that he was “compensated for repeatedly promoted [sic] defendants’ products on his individual social media accounts and his ‘Gronknation’ social media accounts.” Even if Gronk was passing along allegedly fraudulent claims, the fraud ultimately comes from the company. Absent proof that Gronk actually knew the claims were false, it’s hard to imagine that he’d be individually responsible for the lies that were told. It really does seem like a stretch to go after the celebrity endorser instead of the actual company committing the problem.
If the company doesn’t agree to fully and completely indemnify Gronk for all potential liability, he should immediately file what the legal process calls a “cross claim” against Snow Teeth Whitening forcing the company to pick up the full tab.
We will be following this one closely, here at Schrier Law Group.
The Schrier Law Group handles many product liability cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your product liability case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!