Instagram user Emily Gellis sued by CEO and Founder Tanya Zuckerbrot and F-Factor for over 4,500 recklessly false, defamatory and/or harassing messages
Facebook and Instagram cited as enabling Gellis' abusive misconduct and for failing and refusing to enforce their own adopted standards
Oct 08, 2020, 10:30 ET
NEW YORK, Oct. 8, 2020 /PRNewswire/ -- Tanya Zuckerbrot, MS, RD, internationally respected dietetic expert, founder and CEO of the F-Factor diet, filed a lawsuit today in New York State Court against influencer Emily Gellis for publishing over 4,500 false, defamatory and/or harassing statements for over 75 consecutive days since July of 2020, including as recently as today. Zuckerbrot is represented by Dan Webb, former United States Attorney in Chicago, and Lanny J. Davis, former Special Counsel to President Bill Clinton.
The complaint includes a detailed history of Gellis' unrelenting posts, and the lack of regard for published product labels and certified F-Factor company information. Specific examples include:
- The continued attacks against Zuckerbrot personally, including the false assertion that Zuckerbrot threatened to kill Gellis' family, poisoned people daily, engaged in criminal wrongdoing, and sent people to physically harm Gellis.
- The threatening posts by Gellis that caused Zuckerbrot to fear for her life and the safety of her family and employees and the exposure of Zuckerbrot's home address and that of her children.
- Gellis telling her followers that the F-Factor diet caused miscarriages, without any factual basis whatsoever for such a heinous accusation and in spite of the fact that an individual who told Gellis she suffered a miscarriage admitted, to the New York Times, that it was a lie.
- The false statements Gellis sent to her followers that F-Factor products caused damage to intestinal lining, heart attacks, or death in some cases.
- The recapitulation of Gellis' narrative that F-Factor products contain harmful levels of arsenic.
The complaint alleges that Gellis' smear campaign resulted in extensive financial and reputational harm to Zuckerbrot and F-Factor. According to the complaint, Gellis' false and defamatory statements misled consumers about the safety of the F-Factor diet and F-Factor products, leading to a major reduction in F-Factor's monthly revenue and overall valuation, the withdrawal of a planned lucrative capital investment in the company, and significant damage to the professional reputations of Zuckerbrot and F-Factor. On top of these considerable financial and reputational injuries, Gellis' constant and malicious harassment of Zuckerbrot and her company caused severe emotional distress to Zuckerbrot. To redress these substantial losses and prevent further misconduct, Zuckerbrot and F-Factor seek compensatory and punitive damages from Gellis. The complaint also includes potential motives for Gellis' continued attacks, including massive follower growth and corresponding financial gain that often accompanies it.
Damage caused by the defendant on F-Factor goes beyond financial ramifications, with her accusations threatening jobs, families, immunocompromised and at-risk individuals in need of structured nutrition, and the marginalized communities that receive aid from F-Factor philanthropies.
The lawsuit further discusses the failure of Facebook and Instagram to enforce their "Community Standards" which ultimately facilitated Gellis' misconduct. Despite extensive efforts by Zuckerbrot and F-Factor, no action was taken to remedy or cease the continued abuse on behalf of these platforms. Though not named defendants, the suit calls out the lack of accountability exhibited by both.
"The Defendant Gellis may think she is immune from accountability for false, defamatory and/or harassing statements she made to substantially harm Tanya Zuckerbrot and F-Factor because she made the statements on social media platforms," said Dan Webb and Lanny J. Davis, co-counsel in the case against Gellis. "But she is wrong, and we believe a jury of her peers in New York City will ultimately agree that her conduct is unlawful and maliciously reprehensible."
F-Factor employs 80% women, and provided a higher median salary for its employees comparatively within the industry, in addition to its frequent community outreach that saw 250,000 bars donated to frontline workers during the pandemic, and massive donations to foodbanks across the US, amongst other programs.
For more information please visit F-Factor's Correcting the Record Website: https://www.ffactor.com/facts/
For more information on the complaint, please visit: https://www.ffactor.com/wp-content/uploads/2020/10/FFcomplaint.pdf
About Tanya Zuckerbrot
Tanya Zuckerbrot, MS, RD, is an internationally-known dietitian, a two-time bestselling author, and the creator and CEO of the renowned F-Factor Diet—a liberating and sustainable approach to weight loss and optimal health based on scientifically proven fiber-rich nutrition. Zuckerbrot has worked in private practice for more than 20 years and has advised thousands of clients including celebrities, business and government leaders, and media personalities to improve their health and manage their weight through nutrition. In addition to working with private clients, Zuckerbrot is a lecturer, consultant, spokesperson, and national media personality. In 2017, Zuckerbrot transitioned from clinician to CEO and oversaw operations of F-Factor from the ground up, releasing several successful products including F-Factor 20/20 Fiber/Protein Powders and Bars certified and produced with Zuckerbrot's philosophy and approach. With Zuckerbrot's leadership, F-Factor employs more than 80% women and advocates and provides higher median salaries for F-Factor Registered Dietitians than the national average for the profession. As founder and CEO, Zuckerbrot instilled a strong ethos for F-Factor to help those in need. For example, during the COVID-19 pandemic, F-Factor donated over 250,000 F-Factor Bars to over 200 hospitals, food banks and shelters across the country to support essential workers and those facing food insecurity. Zuckerbrot's philanthropy extends outside the office as well, she is a Board Member of several philanthropic organizations. Zuckerbrot holds a master's degree in Nutrition and Food Studies from New York University; is an accredited member of the American Dietetic Association, the Greater New York Dietetic Association, and the American Association for Diabetes Educators; and is a member of the National Association of Professional
Women. Zuckerbrot holds a Commission of Dietetic Registration (CDR) Certificate of Training in Adult Weight Management as well as a CDR Certificate of Training in Childhood and Adolescent Weight Management.
About F-Factor
Fad diets come and go, but after more than two decades of success stories and ongoing praise from the media, The F-Factor Diet has stood the test of time. Now hailed as the go-to lifestyle program for anyone who wants to improve their health and lose weight for good, F-Factor's scientifically proven approach allows you to see results without hunger, deprivation, or denial. Change your life without disrupting your lifestyle: dine out, drink alcohol, eat carbs, and workout less from Day 1.
The F-Factor Program has been endorsed by numerous physicians and dieticians, including Dr. Jerome Zacks, Assistant Clinical Professor at the Mount Sinai Medical Center: "The F-Factor Diet is packed with critical facts that form the foundation for a knowledge-based approach to lifestyle nutritional success. Tanya's scholarly approach is a gift that gives forever. Her contribution to preventative health care is immeasurable."
To learn more about the F-Factor Program, the bestselling F-Factor Diet Book, and F-Factor products visit our website at https://www.ffactor.com
To ask questions of attorneys
Dan Webb and Lanny Davis –
Please email/call:
[email protected] 202-460-1451 or 202-480-3309
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SOURCE F-Factor