Kris Aquino threatens legal action over fake ad for ‘miracle food’
Kris Aquino is seeking legal action after learning that her name has been used to endorse a type of “miracle food,” said to be a form of mixed nuts, that claims to cure cancer, diabetes, and obesity.
The actress-host expressed her dismay after learning that her name is being used for fake endorsements, as seen in her response to Atty. Enrique V. Dela Cruz Jr., of the Divina Law Office, in one of her Instagram posts.
“Atty. Ricky, I hope the post about me [and] this ‘miracle’ whatever food has been taken down because sobrang hindi totoo. Until now i’m unable to really eat food, it’s still milk and more milk for me… NEVER ako na diagnose as having cancer. And most of the nuts shown in the pictures I am ALLERGIC to [them],” she said.
Dela Cruz told her that the law office has already sent a demand letter to take down the offensive advertisement, which supposedly used her “name and likeness,” and purported endorsement of the Queen Of All Media. The mixed nuts product claimed to have anti-cancer properties, prevents diabetes and obesity.
INQUIRER.net obtained a copy of a demand letter dated March 21, addressed to media personality and cardiologist Dr. Willie Ong, with attached screenshots of the assailed false advertisement posted on his and his wife, Dr. Liza Ong’s verified Facebook accounts.
According to the demand letter, the actress-host’s legal counsel noted that the false advertisements are a “clear violation of our client’s right of publicity,” as it noted that the publicity materials are also an invasion of Aquino’s privacy.
“Ms. Kris Aquino is an actress, endorser, and producer, who has been active in the Philippine show business industry for over three decades. Her name and image is a brand in itself which is protected by our laws from unauthorized use or misappropriation,” the statement read.
Aquino’s lawyers then requested the Ong couple to “cease and desist” from using her “name and image” in their social media posts, and to remove the same from their posts, or take these down altogether.
“We further demand that you remove all the above-mentioned posts and other similar posts from your Facebook page or other social media platforms within five days from your receipt of this letter. Otherwise, we shall be constrained to file the necessary legal action against you to fully protect our client’s interest,” the letter stated.
Interestingly, upon closer look at the assailed ads, it was not the official page or account of the social media-savvy physicians.
INQUIRER.net likewise sought a comment from the camp of Drs. Willie and Liza Ong, but they have yet to issue a response, as of this writing. EDV