Fitness Guru Threatens Nintendo With Wii Fit Lawsuit

Andy Chalk

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Nov 12, 2002
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Fitness Guru Threatens Nintendo With Wii Fit Lawsuit


"Health and wellness" guru Michael Torchia has threatened a lawsuit against Nintendo over the company's promotion of the Wii Fit [http://www.nintendo.com/wiifit/] as "a replacement for sensible exercise and sports activities."

Torchia wants Wii Fit sales halted until Nintendo [http://www.nintendo.com] makes "important changes" to the device, including issuing warnings that they're meant for entertainment purposes only and not as a replacement for actual physical activity. Furthermore, Torchia said a slick "brainwashing" campaign by Nintendo to convince people that their games are safe and will help them become physically fit has resulted in people around the world sustaining serious injuries to their knees, back and wrists through misuse and overuse of the device.

"Nintendo is contributing to the epidemic of obesity," Torchia declared in a press release posted on Newsblaze [http://newsblaze.com/story/20090209062004zzzz.nb/topstory.html]. "Young and old are putting away their gym clothes and shying away from going outdoors to play sports, because [of] the addictive appeal to the Wii game products. Just as the tobacco companies created such a false image of their products and hid the potential dangers, so is Nintendo."

Torchia claimed that as many as ten people per week are hospitalized due to injuries resulting from playing Wii games. "Not only are people getting injured due to a lack of instruction, they are also developing improper stroke patterns from long term use of the sports games which can potentially effect their ability to excel in those specific activities later in life," he added.

His website says Torchia is a "renowned health and wellness expert, and a highly regarded motivational speaker and author." He has worked with celebrities including Matt Damon, Kevin Spacey and Al Pacino but says "his true passion is helping everyday people." Kotaku has described him as "slightly nutty [http://kotaku.com/5150171/wii-fit-target-of-class-action-lawsuit]."

Torchia is on the money when he says that Nintendo may have "oversold" the fitness value of the Wii Fit, a point conceded by designer Shigeru Miyamoto who said as far back as a year ago that it isn't designed to actually make people fit [http://www.escapistmagazine.com/news/view/81392-Miyamoto-Says-Wii-Fit-Not-Actually-Intended-to-Make-You-Fit]. But it's a bit trickier determining when legitimate concern for people's well-being ends and vested interest in keeping them going to gyms and buying nutritional supplements begins. It would also be nice to think that at some point we could collectively say, "We don't need a warning label, thanks. We can figure this out on our own."

Torchia has retained a "prominent law firm in Beverly Hills" to prepare his class action suit, and is encouraging people to report incidents of Wii injuries to the Operation Fitness [http://www.operationfitness.com/index.html] website.

UPDATE: As pointed out by people with better reading skills than mine, Torchia has not yet launched an action against Nintendo; at this point, he is merely "preparing" one with the help of an unnamed law firm. The article has been edited to reflect this fact; we'll keep our eyes open for further updates.


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Megacherv

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Sep 24, 2008
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WOOH! Finally, someone else with the same opinion as me! Wii Fit was a complete waste of money, why would you buy something like this?
 

Neosage

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Nov 8, 2008
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Megacherv said:
WOOH! Finally, someone else with the same opinion as me! Wii Fit was a complete waste of money, why would you buy something like this?
Because it is a GAME and is meant to be FUN.
 

NiceGurl_14

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Aug 14, 2008
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Oh please, C'mon. This is something targeted tward the gaming audience. The whole point of Wii Fit is to get you up and moving, you can't be mad at a guy for trying to do that. Hell, for the longest time I used Dance Dance Revolution as a work out, and it worked. As for the people getting injured, There are warnings on the game and the product itself. It's not Nintendo's fault.
 

Pipotchi

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Jan 17, 2008
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Neosage said:
Megacherv said:
WOOH! Finally, someone else with the same opinion as me! Wii Fit was a complete waste of money, why would you buy something like this?
Because it is a GAME and is meant to be FUN.
This, besides I bet more people injure themselves at the gym than with Wii fit
 

.J.a.T.

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Aug 20, 2008
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Lol. Someone needs to lighten up.

Wii Fit isn't really even meant for real exercise anyway, more of the aerobic fitness... thing. And fun. Definetly fun.

Seriously though, lawsuit on WiiFit? I bet this is from USA. Everything seems to go there.*

(* = The writer means no offence on any Americans reading this reply.)
 

DeadlyYellow

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Jun 18, 2008
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.J.a.T. said:
Seriously though, lawsuit on WiiFit? I bet this is from USA. Everything seems to go there.*

(* = The writer means no offence on any Americans reading this reply.)
Pfft. It has become a bit of an American stereotype hasn't it?

Never heard of this guy (probably because I don't keep track of the fitness world...) But at least there are some devices to get people up and moving rather than sitting and lounging.

Also, ironically enough, I google people getting injured by the device and get articles telling how it's used to rehabilitate injured athletes.
 

DEFMan316

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Aug 28, 2008
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Take notes folks: If you want to be rich, look for a company with deep pockets and sue them. Apparently the "fitness guru" career plan wasn't as lucrative as he may have hoped, so he noticed Nintendo was selling a billion units and decided he needed a bite of that apple. Never mind that he can't prove any actual damages to himself (one of the elements you're supposed to have to prove to file a lawsuit).

And come on, we're suing now because a fitness product doesn't work as advertised?? If so, let's line up Suzanne Somers, Tony Little, Chuck Norris and that Body by Jake guy and haul them off to JAIL!! Anybody remember the ab roller? Ever pull a muscle doing Tae Bo? Give me a break...
 

Valiance

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Jan 14, 2009
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Yeah.

"DO THIS STEPPING EXERCISE FOR 5 MINUTES."

"YOU WILL LOSE WEIGHT."

"YOU FAILED AT SKIING."

"GREAT JOB!"

Wiifit is garbage. My friend's mom bought a wii, two remotes, two nunchucks, and wiifit(with the balance board). I couldn't believe it. She's a statistic, but that's cool, since now he has metroid prime 3 and stuff...
 

Megacherv

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Sep 24, 2008
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Neosage said:
Megacherv said:
WOOH! Finally, someone else with the same opinion as me! Wii Fit was a complete waste of money, why would you buy something like this?
Because it is a GAME and is meant to be FUN.
Dammit...you have a brilliant point there...okay, why would you buy it for fitness then? If you wanted fun, fine, go ahead; but if you want fitness, get out and walk. It's cheaper.
 

L.B. Jeffries

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Nov 29, 2007
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*whistles*

Comparing Wii Fit to Tobacco Companies? A white board that won't change the pre-existing health condition of a person is comparable to a product that is addictive and gives you lung cancer?

Ignoring the mountain of crap you would have to prove in court (games are addictive, Nintendo knew this and sold the product anyways, Nintendo knew it would hurt people) you'd still have to deal with the fact that it's the user hurting themselves. The typical reasonable reaction to something hurting you is to, y'know, stop doing it.

Besides, I still love doing stretches on it in the morning. Wakes me up and my back feels way better.
 

TsunamiWombat

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Sep 6, 2008
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This whackjob has no case. You don't see anyone sueing Coca Cola for a Cease and Desist because "soda makes people fat".
 

Reaperman Wompa

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Aug 6, 2008
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People actually believe that stuff counts as exercise? HAHAHAHAHAHA, I'm fat and would allow people to beat me with a heavy stick if I ever got dumb enough to believe that moving my arms without carrying weights counts as decent exercise. Christ, people actually tried to lose weight with this thing? *insert angry face-palming*
 

Jackson5

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Feb 12, 2009
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Let's put it this way. Would you rather have your child slouched on a sofa playing video games all day long with no exercise at all? Keep in mind that obesity starts at the child level and it's the parent's fault for not playing a closer role as...well as a parent. The Nintendo Wii is a great way to have your kid's get their daily exercises in while they do what they love, to play video games. And If you're an adult who thinks a video game will solve all your weight problems, then you're in for a rude awakening. Hey! I have an idea, let's sue the gym for making us think that if we pay gym memberships each month and trainer fees then we'll get skinny! Give me a break...


Support the Nintendo Wii [http://www.cowboom.com/store/productDetails.cfm?contentID=110455]!
 

scotth266

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Jan 10, 2009
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Heh, the fact that people are silly enough to still injure themselves with the Wii is funny. But yeah, this'll probably fail hard. I don't expect this to last an hour in court.
 

Nhilus

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Jan 18, 2009
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sorry, let me get this right you want to sue a console game for making people obiese, so we have this one sue today but whats next? are people going to start sueing *dunno how its spelt* games randomly again? GTA got it manhunt got it the fact that this is getting it is quite funny, should be fun to watch this one play out.