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Steve Garvey has been called safe in court. In August 2000 the Federal Trade Commission sued the former professional baseball player, alleging that he had knowingly made false claims on infomercials about diet products. But in November 2002, about nine months after the case went to trial, U.S. district court judge Gary Feess of Los Angeles ruled in favor of Garvey. The Garvey matter, which is the first decision in an FTC trial against a celebrity endorser, stems from the FTC’s action against Enforma Natural Products Inc., which made “Fat Trapper” and “Exercise In A Bottle,” both products endorsed by Garvey. The case against Enforma ended in a stipulated court order forcing the company to pay $10 million to its customers and barring it from advertising its diet products without scientific evidence to back up its claims. For plaintiff Federal Trade Commission (Washington, D.C.) Bureau of Consumer Protection, Division of Advertising Practices: Staff attorneys David Frankel, Theodore Hoppock, and Serena Viswanathan. Western Regional Office (Los Angeles): Barbara Chun. For defendants Steven Garvey and Garvey Management Group, Inc. (Sherman Oaks, California) Venable (Baltimore): Edward Glynn, Jr., and associate Russell Verby. (Glynn is in the firm’s Washington, D.C., office, and Verby is now with the U.S. Department of Justice.) Glynn represented Enforma in the FTC’s action against it; Enforma recommended Glynn to Garvey. Mintz, Levin, Cohn, Ferris, Glovsky and Popeo (Boston): Of counsel Harvey Saferstein and associate Nada Shamonki. (Both are in the firm’s Los Angeles office.) Saferstein was brought on for the Enforma case through Glynn of Venable. The two know each other through their involvement in the antitrust law section of the American Bar Association. Outlook At press time the FTC had not yet decided whether to appeal. -Andrew Longstreth

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