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Affiliate marketing campaigns that illegally use celebrity likenessess to sell cannabidiol are targeted in U.S. courts "I am not selling CBD Gummies of any kind and do not plan to do so at any point in the future." Mayim Bialik, internationally recognized actress, author, and neuroscientist, filed suit in Florida federal court last week seeking damages against various websites and online marketers in connection with allegations that they misappropriated her name and likeness to promote their CBD products.

TV personality Mayim Bialik doesn’t endorse CBD, despite web ads, complaint alleges

Celebrity likenesses are being misappropriated to drive traffic to websites selling products with cannabidiol, with some celebs turning to U.S. courts for protection.

Lots of celebrities are promoting products that contain cannabidiol (CBD) these days, but actress and television personality Mayim Bialik isn’t one of them.

Still, internet ads keep popping up proclaiming her support for CBD—with internet marketers presumably profiting off of her likeness—so lawyers for “The Big Bang Theory” actress and “Jeopardy!” host were compelled to file a lawsuit earlier this month seeking damages related to the alleged misuse of her name and likeness to sell CBD.

“As a result of Bialik’s fame, her name, image, likeness. and persona enjoy widespread recognition and hold significant commercial value,” according to the complaint filed by Bialik’s lawyers in U.S. District Court in the Southern District of Florida. Bialik will not “allow the use of her name, likeness. or persona in any media for a company or product she has not personally vetted and carefully selected based on her personal values and beliefs.”

The complaint identifies a collection of third-party social media accounts and news websites that link to e-commerce webpages selling products with CBD. The advertising at issue includes false company names such as “Mayim Bialik CBD Gummies,” “Mayim Bialik CBD Oil US,” and “Mayim Bialik CBD,” among others.

The largely anonymous network of sites, ads and web posts—the complaint includes no named defendants, and instead lists web and email addresses involved in the alleged scheme—was traced to IP addresses in the Dominican Republic, France and India. Lawyers described the operation as “an interconnected ecosystem which functions as an online marketing operation,” based on fake endorsements.

“This scam harms not only Bialik’s reputation and credibility, which she has spent years cultivating and earning, but inflicts equal harm and risk to consumers who may be lulled into a false sense of security in purchasing [CBD products] thinking that Bialik had a hand in bringing them to market and endorses their use which she does not,” her lawyers wrote.

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Bialik—who also notably earned a doctorate in neuroscience—seeks injunctive relief as well as profits from the sales via the complaint. She’s also seeking punitive damages and related attorneys’ fees and costs.

Other celebs and CBD

Shadowy online CBD sales networks have falsely attached lots of prominent celebrities to their marketing campaigns, leading to other complaints as well.

Last week, Clint Eastwood was awarded $2 million in California federal court as a result of a lawsuit filed against an internet marketing company who illegally used his celebrity to drive traffic to a website selling CBD products.

It was Eastwood’s second legal victory against companies using his likeness to sell CBD. Last year, he was awarded $6.1 million after filing multiple lawsuits in federal court against three CBD manufacturers, who Eastwood alleged misused his likeness to sell CBD. One case involved ads and websites that promoted fake interviews resembling NBC’s “Today Show.”

More recently, actor Johnny Depp’s unauthorized image and likeness has been attached to a CBD sales campaign, according to Snopes.

The fact-checker described how a paid ad on Facebook led to a webpage designed to try to trick readers into believing they were on the official Fox News website and that Depp had endorsed CBD gummies. Neither are true, Snopes says.

The fake Depp articles and ads also prominently featured images of Depp with actor Paul Bettany and musician Keith Richards, falsely attributing CBD endorsements to them as well.

Mayim Bialik Says She Is Not Selling ‘Hoax’ CBD Gummies

“I am not selling CBD Gummies of any kind and do not plan to do so at any point in the future.”

Mayim Bialik is warning fans about an online scam making a profit off of her name.

Earlier this month, the “Jeopardy” host took to Twitter to urge fans to be careful about scams online after she discovered a number of companies on different social media platforms using her name to promote CBD gummies.

After performing a quick search on Facebook, users can find dozens of fake pages that include variations of the title “Mayim Bialik CBD Gummies.” The “Big Bang Theory” star set the record straight and told fans and followers that she was not affiliated with any of the fake CBD pages.

I am not selling CBD Gummies of any kind and do not plan to do so at any point in the future. I have tried to get this removed to no avail. It’s not real.

— Mayim Bialik (@missmayim) March 15, 2022 @missmayim

“Hi everyone. So… awkward: there are many untrue things floating around the internet about many public figures, but I want to address one about me that looks very authentic but is indeed a hoax,” she stated and added. “I am not selling CBD Gummies of any kind and do not plan to do so at any point in the future. I have tried to get this removed to no avail. It’s not real.”

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Bialik holds a Ph.D in neuroscience which she received from UCLA. The actress burst onto the Hollywood scene with ’90s sitcom “Blossom.” She went on to pursue higher education following a hiatus from showbusiness. Since her return to acting with “The Big Bang Theory,” Mayim has endorsed a health supplement company Neuriva, even appearing in a series of commercials for the brand. Although she’s dipped a toe into the supplement market, she has not endorsed CBD gummies of any kind.

CBD stands for cannabidiol and is derived from a natural chemical in cannabis plants that have risen in popularity and have been infused into a variety of products marketed to alleviate a myriad of issues.

As of now, the Food and Drug Administration has only approved one CBD product with a note that consumers should consult with their doctors before trying it.

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In an effort to reach as many consumers as possible, the 46-year-old actress reposted the message through a graphic shared on Instagram and Twitter on Monday.

Fans quickly rushed to the comments to express their thoughts about the internet scam.

“I saw this and looked at it with suspicion, but I DID look at it briefly because it was supposedly from you. But when I couldn’t find any peer reviewed articles, I figured it was malarkey. I believe in your scientific integrity too much. LOVE your work and presence!!” a fan wrote on Twitter.

Another user noted, “I knew it was fake. I reported so many of those pages & tried to even block some. I don’t even know how those things started up.”

“Thank you for posting. These ads should be removed! I didn’t think it was really but didn’t really know,” a follower added on Instagram.

United States: Actress And TV Personality Mayim Bialik Sues Over False CBD Endorsements

Mayim Bialik, internationally recognized actress, author, and neuroscientist, filed suit in Florida federal court last week seeking damages against various websites and online marketers in connection with allegations that they misappropriated her name and likeness to promote their CBD products. Bialik claims that she has never endorsed cannabidiol products, is not currently doing so, and has no plans to do so in the future.

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In her complaint, Bialik sets forth allegations of false association and sponsorship, false advertising, and unauthorized appropriation of name or likeness. She alleges that the defendants’ websites promote the unauthorized CBD products through social media accounts or sponsored “news” stories which include Bialik’s name in the account names or headlines. Bialik alleged that the advertising at issue includes false company names such as “Mayim Bialik CBD Gummies,” “Mayim Bialik CBD Oil US,” and “Mayim Bialik CBD,” among others.

Bialik claims to only allow the use of her name, image, likeness, or persona for compensation by companies who she has personally vetted and carefully selected based on her personal values and beliefs. Here, however, the complaint alleges that various websites are acting in concert to promote and sell CBD products in connection with Bialik’s name without her authorization. By falsely suggesting that Bialik has endorsed, is sponsoring, or may be actively associated with the products, Bialik claims Defendants are causing irreparable harm to not only her reputation and credibility, but to consumers of the unauthorized products who believe that Bialik was involved in bringing the products to market.

Bialik seeks injunctive relief, profits, punitive damages, attorneys’ fees, and litigation costs. She is one of a number of celebrities who have alleged that their name and likeness was misappropriated in order to promote CBD products.

Mayim Bialik v. The Individuals, Business Entities or Unincorporated Associations Identified on Schedule “A.”

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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