Michael Torchia, "fitness expert" and host of the upcoming AM talk radio show "Shape Up, America," has announced plans for a class-action lawsuit against Nintendo, claiming that people are injuring themselves playing Wii games. Torchia says that many players injure themselves on the Wii because Nintendo has not properly warned consumers that warming up is necessary before exercise.
Torchia's press release claims that the proliferation of Wii Fit has led to players sustaining "injuries in their knees, back and wrists because of overuse and improper warm- up."
In addition, Torchia claims that Nintendo is misrepresenting the Wii's effectiveness as an exercise tool. " ... Nintendo is contributing to the epidemic of obesity. Young and old are putting away their gym clothes and shying away from going outdoors to play sports, because the addictive appeal to the Wii game products." In Torchia's estimation, then, Wii games are both poor exercise and excessively strenuous exercise. Like eating a pizza tied to the back of a moving car!
[Via What They Play]
Reader Comments (79)
Posted: Feb 11th 2009 9:34PM benexclaimed said
This shouldn't (and won't) go anywhere. I don't know about Wii Fit, but Wii Sports is the only game I know that regularly prompts you to stop playing and go out and get some exercise. This is such a blatant, disgusting cash-grab.
Reply
Posted: Feb 11th 2009 10:39PM HandheldAddictblogspotcom said
Wii Fit also prompts people to take a rest if their current fit credits reach 30 minutes.
http://handheldaddict.blogspot.com/
Reply
http://handheldaddict.blogspot.com/
Posted: Feb 11th 2009 11:03PM (Unverified) said
Well, while I do find this guy funny (Wii Play Station? rofl), his chances of winning this case are close to none.
There are clear warnings on both, the Nintendo Wii website (http://tinyurl.com/y7gs5v) and the Wii Manual (http://tinyurl.com/cefmrq), about the use of the Wii and the Wii Fit.
Now, his only chance, although still a very weak one, would be to prove that said warnings are not mentioned whatsoever on screen, and since I don't own a Wii Fit I can't really say whether that is true or not, do any of you Wii Fit owners care to corroborate?
Reply
There are clear warnings on both, the Nintendo Wii website (http://tinyurl.com/y7gs5v) and the Wii Manual (http://tinyurl.com/cefmrq), about the use of the Wii and the Wii Fit.
Now, his only chance, although still a very weak one, would be to prove that said warnings are not mentioned whatsoever on screen, and since I don't own a Wii Fit I can't really say whether that is true or not, do any of you Wii Fit owners care to corroborate?
Posted: Feb 12th 2009 1:55AM (Unverified) said
i hope nintendo counter-sues and leaves these fucks without a shirt on their back.
Reply
Posted: Feb 12th 2009 5:36AM HandheldAddictblogspotcom said
Noshino, here are some of the Wii Fit onscreen messages (with pictures) that flash usually before loading an excercise:
"If you don't feel stable, feel free to lean on objects or get help from other people."
"Clear the space around you and make sure you warm up before exercising."
"Make sure you do not jump on the Wii Balance Board."
"Make sure there's enough space around you, and be careful with your footing."
http://handheldaddict.blogspot.com/
Reply
"If you don't feel stable, feel free to lean on objects or get help from other people."
"Clear the space around you and make sure you warm up before exercising."
"Make sure you do not jump on the Wii Balance Board."
"Make sure there's enough space around you, and be careful with your footing."
http://handheldaddict.blogspot.com/
Posted: Feb 12th 2009 7:55AM (Unverified) said
Ah, thanks Don.
Hell, then this dude really has nothing to base his case, there isn't a thing that he could spin to his favor.
Reply
Hell, then this dude really has nothing to base his case, there isn't a thing that he could spin to his favor.
Posted: Feb 12th 2009 9:28PM suicyclecom said
Although this totally disgusts me, I have to give the guy credit for the cleverly disguised pre-marketing for his new radio show. He has got to realize that this will go no where; but I read this story somewhere else and they also mentioned that this guy will be the host of an upcoming radio talk show. He is creating buzz (and looking silly at the same time).
Reply
Posted: Feb 11th 2009 9:34PM (Unverified) said
Hey y'all, I'm taking names to form a class for action against PepsiCo and CocaCola for not warning us on their cola products that them with milk gives you nasty gas. Hit me up.
Reply
Posted: Feb 12th 2009 10:43AM Batzarro The worlds WOrst Detect said
I'm game! I have mental anguish over it!
Reply
Posted: Feb 12th 2009 2:51PM Arashikou said
I'm not sure where you got the impression that the facepalm is some kind of 4chan bullshit, (of which - and make no mistake - there is a great deal on the internet) but the ancient and noble gesture of the facepalm is a reaction which predates the internet.
Though sociologists have yet to pinpoint an exact origin, the most common theory states that it originated sometime in the distant past as a gesture of shame for being seen with the person speaking. (This predated the internet and even movable type, so one was generally physically in the presence of people saying stupid things.) You were, in effect, covering your face in a mock gesture of hoping no one would recognize you hanging out with someone so utterly asinine. (or sacrilegious or many other negative feelings - the original gesture was far more general than the modern one)
Other theories - though I personally don't truck with them - insist it has a more modern origin, dating back to a well-documented practice of slapping one's forehead with the heel of the hand to register enhancement, like an exclamation mark, to some other emotion shown with the face. (Such as an eye roll for "you just don't get it" or a look of shock for "I can't believe I didn't think of that!")
At any rate, it certainly goes beyond the scope of the 4chan boards, having its origin in an actual physical gesture that has existed for centuries. Its recent revival in text form is merely a reaction to the increased exposure to opportunities to use it that one gets when browsing the internet.
And to the original poster - facepalm indeed, good sir. Facepalm indeed to this news.
Reply
Though sociologists have yet to pinpoint an exact origin, the most common theory states that it originated sometime in the distant past as a gesture of shame for being seen with the person speaking. (This predated the internet and even movable type, so one was generally physically in the presence of people saying stupid things.) You were, in effect, covering your face in a mock gesture of hoping no one would recognize you hanging out with someone so utterly asinine. (or sacrilegious or many other negative feelings - the original gesture was far more general than the modern one)
Other theories - though I personally don't truck with them - insist it has a more modern origin, dating back to a well-documented practice of slapping one's forehead with the heel of the hand to register enhancement, like an exclamation mark, to some other emotion shown with the face. (Such as an eye roll for "you just don't get it" or a look of shock for "I can't believe I didn't think of that!")
At any rate, it certainly goes beyond the scope of the 4chan boards, having its origin in an actual physical gesture that has existed for centuries. Its recent revival in text form is merely a reaction to the increased exposure to opportunities to use it that one gets when browsing the internet.
And to the original poster - facepalm indeed, good sir. Facepalm indeed to this news.
Posted: Feb 11th 2009 9:42PM (Unverified) said
This is probably a good excuse for Nintendo to come out with Wii WarmUp.
Reply
Posted: Feb 11th 2009 9:47PM (Unverified) said
That's one evil smile and is just me or in his pictures I don't know any one else detect photoshop or something? For example the one with the Cheff it looks like his face was shopped into the picture.
In the last picture it seems he is about to eat that dog.
Reply
In the last picture it seems he is about to eat that dog.
Posted: Feb 11th 2009 10:21PM (Unverified) said
and isnt it on the box and or the maunual to warm up as well?
Reply
Posted: Feb 11th 2009 10:50PM Johnnynumber5 is powered by cell said
Dude he just wants some free publicity for whatever bullshit product he is pimping. He could genuinely believe in what he is saying and if thats the case he is a shoe in for biggest douche of the year. Even if it didn't have warnings about warming up (I don't know either way) it's absurd to them infer that people are blowing out MCL's, ACL's and hamstrings. Either way the dude is a total douche.
Reply
Posted: Feb 11th 2009 10:51PM Johnnynumber5 is powered by cell said
Sorry about cursing everyone. That's something I'm trying to work on.
Reply
Posted: Feb 11th 2009 10:01PM BrokenTriforce said
What a douche.
Those steroids must be effin up his brain.
Reply
Those steroids must be effin up his brain.
Posted: Feb 11th 2009 10:01PM (Unverified) said
This guy is clearly more concerned with the opportunity to bilk money from Nintendo than people's safety. And the Wii is hardly dangerous just because a small handful of people are reckless with it.
This sort of thing makes me want to become a lawyer so I can shoot down stupid lawsuits like this. I don't think I'd even ask for a salary, I'd just enjoy the satisfaction of triumphing over frivolous lawsuits.
Reply
This sort of thing makes me want to become a lawyer so I can shoot down stupid lawsuits like this. I don't think I'd even ask for a salary, I'd just enjoy the satisfaction of triumphing over frivolous lawsuits.
Posted: Feb 11th 2009 10:14PM Vidikron said
Just part of being king I suppose. Nintendo is raking in piles of cash and getting hit with these stupid lawsuits practically every week. Even though I'm sure they could pay all these crazies off via settlements, I really hope they fight most of these just on principle.
Reply
Posted: Feb 11th 2009 10:20PM (Unverified) said
YEAHHHH BUDDY!!! HARDCORE TESTOSTERONE FUELLED POWER!!!!!
...
...............................
ARGHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!
I strained a muscle!!
NINTENDO WILL PAY!!!!!!!!(WITH BLOOD!!)!!!!!!!!!
Reply
...
...............................
ARGHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!
I strained a muscle!!
NINTENDO WILL PAY!!!!!!!!(WITH BLOOD!!)!!!!!!!!!
Posted: Feb 12th 2009 6:15PM (Unverified) said
Wow. How stupid can people be? It's just common sense that you should warm up before exercise.
Reply
Posted: Feb 11th 2009 10:32PM acefondu said
Few people actually have looked into the science of warming up before exercising and I found it very surprising that there is NO supporting evidence that shows warming up before an exercise helps protect against injury. Go look into it, you'll be very surprised because if you're like me you've been told ALL your life that warming up is a necessity when in all actuality no one can verify that claim.
Reply
Posted: Feb 11th 2009 10:52PM Johnnynumber5 is powered by cell said
Yeah dude stretching is a must.
Reply
Posted: Feb 11th 2009 11:24PM acefondu said
People just don't look into things anymore...
"Clinical evidence suggesting that stretching before exercise does not prevent injuries has also been reported. van Mechelen et al9 conducted an RCT and concluded that the intervention had no effect, although many participants were noncompliant. Looking at “less strong evidence,” results of cohort studies by Walter et al10 and Macera et al11 suggested that stretching before exercise was not beneficial, and authors of several cross-sectional studies reported similar findings.12,13 There were significant limitations to all of these studies."
http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1071358
There's far more similar findings out there if you only look.
Reply
"Clinical evidence suggesting that stretching before exercise does not prevent injuries has also been reported. van Mechelen et al9 conducted an RCT and concluded that the intervention had no effect, although many participants were noncompliant. Looking at “less strong evidence,” results of cohort studies by Walter et al10 and Macera et al11 suggested that stretching before exercise was not beneficial, and authors of several cross-sectional studies reported similar findings.12,13 There were significant limitations to all of these studies."
http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1071358
There's far more similar findings out there if you only look.
Sorry, you must be logged in to leave a comment.
Featured Stories
The most popular posts
in the last 7 days
- Vita 'UMD Passport' won't be offered in US 218 comments
- Kingdoms of Amalur: Reckoning review: A tempting fate 151 comments
- David Jaffe leaves Eat Sleep Play, layoffs hit developer [Update] 107 comments
- Don't call it a remake: Final Fantasy X is a 'remaster,' to be clear 95 comments
- Battleship movie adapted into FPS by Double Helix 92 comments









