Lawsuit Alleges Illinois Based Clinic Misleads Consumers by Falsely Advertising Emsculpt Procedures

Posted By American Med Spa Association, Tuesday, July 13, 2021

BTL Industries filed a lawsuit in the United States District Court for the Northern District of Illinois against Pinky Promise Beauty for false advertising, unfair competition, false designation of origin, copyright and trademark infringement. BTL, along with its affiliates, is the inventor, developer and manufacturer of the Emsculpt family of products for non-invasive muscle toning and fat reduction.
Pinky Promise promotes aesthetic procedures under BTL's federally registered trademarks and copyrighted materials, and misleads its customers into believing that the treatments offered by the clinic are genuine and patented treatments with the Emsculpt device. In the complaint, BTL alleges that Pinky Promise offers sham procedures using non FDA cleared products that may have been illegally imported into the US, and falsely markets these procedures to pass off as treatments using a genuine Emsculpt device, leading to customers' dissatisfaction and harm to the Emsculpt brand. This complaint is the first of several that will be filed against clinics that are falsely advertising non genuine Emsculpt treatments.

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