Fitness 'expert' prepares class-action lawsuit against Nintendo

by JC Fletcher { Feb 11th 2009 at 9:30PM }

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]

Tags: exercise, fitness, lawsuit, michael-torchia, wii-fit

Reader Comments (Page 1 of 2)

Ben! @ Feb 11th 2009 9:34PM

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.

Don @ Feb 11th 2009 10:39PM

Wii Fit also prompts people to take a rest if their current fit credits reach 30 minutes.

http://handheldaddict.blogspot.com/

Noshino @ Feb 11th 2009 11:03PM

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?

flanker22 @ Feb 12th 2009 1:55AM

i hope nintendo counter-sues and leaves these fucks without a shirt on their back.

Don @ Feb 12th 2009 5:36AM

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/

Noshino @ Feb 12th 2009 7:55AM

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.

suicycle.com @ Feb 12th 2009 9:28PM

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).

HitNRun @ Feb 11th 2009 9:34PM

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.

Batzarro @ Feb 12th 2009 10:43AM

I'm game! I have mental anguish over it!

Follisimo @ Feb 11th 2009 9:34PM

Just another retard trying to make a dollar in the world today. You will lose this lawsuit moron.

Baby J Penn (PSN johnnynumber5) @ Feb 11th 2009 10:44PM

I don't think he is trying to make money from the lawsuit as much as he is trying to put his name out there and get publicity. How in the hell would he make any money from getting warning labels added or whatever. It's about selling a book, getting a TV show, ad revenue for his radio show or whatever kind of celebrity fitness bullshit he is doing.

BxGT @ Feb 11th 2009 9:35PM

Next up, people find out that putting your hands in fire hurts.Who do i sue if i cut my fingers off while driving my car holding a butcher knife?

Sora @ Feb 11th 2009 9:44PM

Both the makers of the car and the butcher knife for not issuing the proper warnings. Duh!

BxGT @ Feb 11th 2009 9:53PM

I am going to sue god.

Linkario @ Feb 11th 2009 10:01PM

Can't sue god... people have already tried. He/she never pays up.

offday @ Feb 11th 2009 9:39PM

As much as I hate the new Nintendo, I still think this guy is a huge idiot. It's still a video game system, morn, not a bowflex.

offday @ Feb 11th 2009 9:41PM

Damnit, I hate when I'm insulting someone and I make a typo. :(

At least I don't have to worry about backlash, since I'm guessing this guy probably doesn't read Joystiq.

Ken Seang @ Feb 11th 2009 9:41PM

Facepalm...

JXCgunrunna @ Feb 11th 2009 11:23PM

Enough of the 4chan bullshit.

fred @ Feb 11th 2009 11:32PM

apparently Jxc is new 2 internets

Arashikou @ Feb 12th 2009 2:51PM

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.

Dave @ Feb 11th 2009 9:42PM

This is probably a good excuse for Nintendo to come out with Wii WarmUp.

Mr Khan @ Feb 11th 2009 9:54PM

They'd have to fight Hinkle and Fletcher for the rights, they would

offday @ Feb 11th 2009 9:43PM

eh. did anyone click his name? He has a bunch of pictures on his website and he's creepy looking.

Anti-christ. I'm calling it. It's this guy. Look at his smile.

Dr Jeckyl and Mr ESC. @ Feb 11th 2009 9:47PM

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.

BxGT @ Feb 11th 2009 9:58PM

He kinda looks like dio without the hair.

Ridgecity @ Feb 12th 2009 4:02AM

Was he in an accident? why does his face look like that? Maybe he's 3d like Max Headroom!

Sora @ Feb 11th 2009 9:43PM

There's a reason he's a 'fitness expert' and not a 'common sense expert,'

rnr @ Feb 11th 2009 9:54PM

All I did was sit down when at home, wii fit gives me a reason to get off my ass when at home.

This guy can go to hell. He's not mad, just fishing for money.

Wing Zero @ Feb 11th 2009 9:53PM

Im pretty sure wii fit did tell me to warm up the last time i used it

theoneneo81 @ Feb 11th 2009 10:21PM

and isnt it on the box and or the maunual to warm up as well?

Chris Are @ Feb 12th 2009 1:02AM

Haha, I can just imagine Nintendo dicking them around, allowing them to take them to court, showing up, pointing out the box and warning, and counter suing. That would be awesome.

Mr Khan @ Feb 11th 2009 9:56PM

Heh, it's a good sign of obviously not playing the game in question. These wii products, especially the more intensive ones, have warnings plastered at every corner

Baby J Penn (PSN johnnynumber5) @ Feb 11th 2009 10:50PM

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.

Baby J Penn (PSN johnnynumber5) @ Feb 11th 2009 10:51PM

Sorry about cursing everyone. That's something I'm trying to work on.

WINterfang @ Feb 12th 2009 12:01AM

There's no excuse for this immoral behavior, this kind of language will not be tolerate on joystiq.

Now if you excuse me, I'm gonna fuck a blowup doll.

Markez @ Feb 11th 2009 9:56PM

The only injury I've seen is to people's pride when seen hula hooping on WiiFit.

Shmil @ Feb 11th 2009 9:59PM

Haw Haw! Your medium is dieing Mr. Torchia!

RockMan_Forte @ Feb 11th 2009 10:01PM

What a douche.
Those steroids must be effin up his brain.

Game_playa @ Feb 11th 2009 10:15PM

O rly?

HyperNexus @ Feb 11th 2009 10:01PM

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.

Vidikron @ Feb 11th 2009 10:14PM

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.

TL @ Feb 11th 2009 10:19PM

Yeah wiis kill people (>_

KingTorres @ Feb 11th 2009 10:20PM

YEAHHHH BUDDY!!! HARDCORE TESTOSTERONE FUELLED POWER!!!!!

...

...............................

ARGHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!

I strained a muscle!!

NINTENDO WILL PAY!!!!!!!!(WITH BLOOD!!)!!!!!!!!!

Ricky @ Feb 12th 2009 6:15PM

Wow. How stupid can people be? It's just common sense that you should warm up before exercise.

acefondu @ Feb 11th 2009 10:32PM

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.

Longhorn4Life @ Feb 11th 2009 10:34PM

what about stretching

Baby J Penn (PSN johnnynumber5) @ Feb 11th 2009 10:52PM

Yeah dude stretching is a must.

acefondu @ Feb 11th 2009 11:24PM

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.