In 2007, Netflix broadcast a movie titled “13 Reasons Why” that told the story of a teenager’s suicide and its effect on her friends. Isabella “Bella” Herndon, a minor, watched the show and tragically committed suicide shortly after it aired. Four years after her death, her father and brothers sued... Read More »
And Just Like That: Peloton-Inspired Fictional Death Causes Legal Stir After TV Death of Major Character
To the many millions of viewers who eagerly watched the first two episodes of HBO’s follow up to its long-time hit series ‘Sex in the City,' the savagery of time brought some sobering moments to this New York City-centric plotline. One of the four main characters, Samantha, was absent, explained away by comments about a financial rift. The other stars were struggling with age, ageism, the cancel culture and more. But the main event overshadowing the highly anticipated series was the death of Mr. Big, the love of the main character Carrie’s life.
The fictional demise of Big, portrayed by actor Christopher Noth, became the springboard for a hotly debated legal conundrum that went viral. In the series, Big is seen huffing and puffing through a very strenuous Peloton bike class, and then afterward drops to the bathroom floor, holding his chest, soon to die.
The connection to a man in his late fifties with a heart condition, suffering from a fatal heart attack after exercising on a Peloton bike set off legal warning bells. The day after the fictional death, Peloton experienced an eleven percent stock price drop. The legal implications of such a faux pas by HBO were stunning. Could this possibly be a thoughtless mistake on their part?
Would Peloton sue HBO and the series itself for damages, since the story arc strongly suggests that the strenuous real-time bike ride killed off Mr. Big? How would HBO and the series react? And, since Sara Jessica Parker is one of the producers of ‘And Just Like That,’ would she be liable for damages?
Leave it to Hollywood, Peloton and the power of celebrities to turn this legal conundrum on its head. Turns out this particular legal drama was more Law and Order than see-you-in-court.
Within one day, as legal television attorneys discussed potential liabilities, Peloton released a slick video, showing a very happy, healthy Chris Noth agreeing that all was well. In its new ad, actor Noth plays the part of someone going for “another ride” on the infamous Peloton bike, with fellow celebrity Ryan Reynolds narrating it, along with an “Unspoiler Alert” warning on the 30-second commercial.
As Noth’s Character says, “Should we take another ride? Life’s too short not to,” it was clear Peloton was ready to answer the public outcry, and was even prepared for it, with a slick ad.
But after the one-two punch of these Hollywood shenanigans, the legal drama brings up a real-life legal sequel. What really does happen when a product placement runs amok due to a fictional movie, series, or documentary?
Under the law that protects the principle of nominative fair use, all production companies are allowed to use products, within guidelines. The production company must only use a specific product for its intended use. Its brand, if it is being used for its intended purpose, must not be shown in a very negative — or deadly — light.
In this HBO series, the Peloton bike was shown in an extremely negative way, possibly disparaging the trademark when the main character dies of a heart attack immediately after exercising on a Peloton bike. This indeed caused harm: the next day, the company’s shares dropped by eleven percent.
However, if Peloton had knowledge beforehand of the plot and how their Peloton bike would be handled, they would not be able to sue. Did Peloton see the script beforehand? How else would that new ad, with its high-watt celebrity power, come together in one day?
Peloton released a statement saying the company had no idea their bike was a pivotal plot twist in the season premiere of ‘And Just Like That.’
In a statement released publicly to the LA Times Monday, Peloton said, “We had no prior knowledge of the storyline involving Peloton and this was not a product placement but rather a casting opportunity for one of our instructors.”
In reality, the company said they immediately hired Ryan Reynolds and Chris Noth to change the conversation and create the new ad touting the benefits of people working out on their bikes.
The release of the now-viral celebrity-driven ad by Peloton a day after the release of “And Just Like That” may just open up very different sorts of issues, unforeseen by the company. Recent tragic occurrences involving Peloton’s treadmills are now fresh news again for the public.
Peloton recently made headlines after a six-year-old boy died after coming into contact with one of their treadmills in March, and again when another accident severely injured a three-year-old boy who suffered serious head injuries after being trapped under the same kind of treadmill (that boy recovered).
In total, the company had 29 injuries reported by consumers using their treadmills. As a result, Peloton recalled the treadmills.
A few months ago, the company’s shares dropped 24 percent and had a net loss of $376 million as a result of the death and injuries in their third quarter.
Pivoting the day after the HBO series aired, Peloton issued a statement from Dr. Suzanne Steinbaum, a cardiologist, saying the character Mr. Big “lived what many would call an extravagant lifestyle — including cocktails, cigars, and big steaks — and was at serious risk as he had a previous cardiac event in Season 6,” she said. “These lifestyle choices and perhaps even his family history, which often is a significant factor, were the likely cause of his death. Riding his Peloton bike may have even helped delay his cardiac event.”
As of today, there is no lawsuit pending by Peloton against HBO or the producers of the series.
But in the court of public opinion, housed on Twitter and Instagram, Peloton’s instant morphing of a PR disaster into a clever viral ad may just lead to something no one in television or social media wants to experience: they may get canceled.
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