ZELTIQ Aesthetics, Inc. (Nasdaq:ZLTQ), a medical technology company focused on developing and commercializing products utilizing its proprietary controlled-cooling technology platform, today announced it filed a lawsuit in the United States District Court for the Middle District of Florida, Tampa Division, against Marco Hallerbach, MD, and Dr. Hallerbach & Associates, Inc., for false advertising, false designation of origin, unfair competition, trademark infringement, and unfair and deceptive trade practices. In addition, ZELTIQ simultaneously filed a motion requesting a preliminary injunction to cease Dr. Hallerbach’s misleading advertising and prevent him from further use of ZELTIQ’s trademarks.
Dr. Hallerbach, doing business as Dr. Hallerbach and Associates, Inc., operates a “cosmetic medicine and weight management” clinic under the name of Get Your Shape Back. The clinic is representing to prospective customers and patients that its purported Cryolipolysis treatments are the authentic, unique, patented FDA-cleared CoolSculpting treatments developed by ZELTIQ. In its complaint, ZELTIQ alleges that Dr. Hallerbach’s attempts to pass off his services as authentic CoolSculpting treatments have resulted in actual customer confusion and dissatisfaction with the sham procedure. ZELTIQ further alleges that in addition to baiting potential patients into his own clinic, Dr. Hallerbach also offers these services to various spas in the area. Dr. Hallerbach has ignored cease and desist demands from ZELTIQ and continues to offer the purported Cryolipolysis treatments.
ZELTIQ is the exclusive licensee of Cryolipolysis, the patented technology behind the aesthetic procedure marketed as CoolSculpting®. Cryolipolysis is the non-invasive cooling of adipose tissue to induce lipolysis – the breaking down of fat cells – to reduce body fat without damage to other tissues.
“ZELTIQ prides itself on a reputation based on clinically proven safety and efficacy, and we will vigorously protect that reputation from copycat devices not cleared by the FDA,” said Sergio Garcia, ZELTIQ Senior Vice President, General Counsel and Corporate Secretary. “We urge consumers to beware of misleading and deceptive advertising and to seek CoolSculpting treatments only from authorized physician providers within the elite network of CoolSculpting Centers.”