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!
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Reader Comments (79)
Posted: Feb 11th 2009 10:44PM Johnnynumber5 is powered by cell said
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.
Posted: Feb 11th 2009 10:51PM Negativecool said
My undergrad degree was in Exercise Science, I have a CSCS certification, and I'm currently going to school for physical therapy. This ass clown will lose his lawsuit.
There is no research to suggest that stretching prevents injury. I repeat, there is NO research to suggest stretching decreases the rate of injury. The research only demonstrates there is no relationship between the two.
Stretching increases flexibility, but does NOT prevent injury during acute bouts of exercise.
A monkey could defend Nintendo's case.
There is no research to suggest that stretching prevents injury. I repeat, there is NO research to suggest stretching decreases the rate of injury. The research only demonstrates there is no relationship between the two.
Stretching increases flexibility, but does NOT prevent injury during acute bouts of exercise.
A monkey could defend Nintendo's case.
Posted: Feb 11th 2009 10:56PM (Unverified) said
Does anyone else find the picture on his website of him holding up the leg of a preteen girl in a swim suite slightly disturbing?
Posted: Feb 11th 2009 10:59PM RobAccomando said
yay, give away money to stupid people! Only in America!
Posted: Feb 11th 2009 11:21PM Mabui said
After having briefly looked at the website, it seems more like he would be afraid of Wii Fit, since his market includes people who don't know anything about fitness, so that they can come to your home, and sell you a most likely expensive setup and workout plan.
If people are buying Wii fit, they are at the very least getting a basic education on fitness, and balance, and for some people, that might be the kick start to send them in the right direction.
Which probably isn't letting someone else turn your house into a expensive gym.
If people are buying Wii fit, they are at the very least getting a basic education on fitness, and balance, and for some people, that might be the kick start to send them in the right direction.
Which probably isn't letting someone else turn your house into a expensive gym.
Posted: Feb 11th 2009 11:51PM (Unverified) said
This is one of the dumbest things I've ever heard. I seriously doubt this guy is doing it for the sake of fitness safety and not just for his "five minutes of fame".
FAIL.
FAIL.
Posted: Feb 12th 2009 12:09AM Seven Weasels Running on a Keybo said
Seems you could level the same accusations against treadmills, stairsteppers, weights, balls, rackets, bats, and pretty much any other equipment meant for exercise and recreation that does not have a label that says "please stretch and warm up before using."
Posted: Feb 12th 2009 2:03AM (Unverified) said
Is it me or does that guy look gay?
Posted: Feb 12th 2009 12:18AM (Unverified) said
This guy isn't a "fitness" expert. Reading his bio he has no certifications, no degrees, nothing except that he is good at sticking needles in his ass and juicing for body building. Let me state this so that all can understand
>BIG MUSCLES DO NOT A FIT PERSON MAKE
>BIG MUSCLES DO NOT A FIT PERSON MAKE
Posted: Feb 12th 2009 12:18AM JoshMilewski said
"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!"
I like that a lot, haha.
And what the hell motivated this guy to bring this lawsuit in the first place? The only logical thing that comes to mind is money, since I hardly see any individual stories from people worried that the Wii is hurting them (read: hardly = never). It's usually the opposite, and the Wii (Sports and Fit) get them in better shape and more conscious about their health.
Hell, the whole goal Miyamoto had in mind with Fit was to get people to be more health conscious.
I like that a lot, haha.
And what the hell motivated this guy to bring this lawsuit in the first place? The only logical thing that comes to mind is money, since I hardly see any individual stories from people worried that the Wii is hurting them (read: hardly = never). It's usually the opposite, and the Wii (Sports and Fit) get them in better shape and more conscious about their health.
Hell, the whole goal Miyamoto had in mind with Fit was to get people to be more health conscious.
Posted: Feb 12th 2009 12:29AM hami83 said
Long story short, Nintendo has never labeled Wii Fit as an exercise tool. They've always labeled it as a game and any injuries succumbed is because or the player using the game wrong.
Also Nintendo's lawyers will just discredit this guy as a joke or a fitness expert and only trying to go for a cash grab.
Nothing to see here.
Also Nintendo's lawyers will just discredit this guy as a joke or a fitness expert and only trying to go for a cash grab.
Nothing to see here.
Posted: Feb 12th 2009 12:39AM misanthropelove said
/facepalm
Posted: Feb 12th 2009 12:52AM StormEagle said
My personal feelings on the WiiFit are somwhat in agreement with this post. My first experience with the Fit had it incorrectly weigh me at 10 lbs. over my actual weight and the game proceeded to say I was overweight when I'm really a twig. I think that kids who play the Fit are going to have their self-esteem trashed and adults looking for a quick and easy excercise regeim will be disappointed. I agree that the Wii gets you moving (I own one), but it is a poor subsititute for real exercise.
Posted: Feb 12th 2009 12:59AM StormEagle said
EDIT: And as far as this expert. Of course its for money. Why does anyone do anything? You guys saw Jillian Michaels hopped on the "Wii for Exercise" bandwagon real quick. And Nintendo has more money than God so trying to sue them and win is impossible. The DS may print money but it does not cash pitty checks.
Reply
Posted: Feb 12th 2009 8:04AM (Unverified) said
:shrug:
It was able to weigh me, and two friends within +/- 1 lb of what we weigh on a bathroom scale... and it's calculations based on height (normal vs. overweight) seem to be dead on for all of us (they are normal and I'm just a bit overweight).
I've got another set of friends w/ their own Fit who had similar experience--accurate weight and normal/overweight calculations vs "reality".
It even got the weights correct for my two cats (12lbs and 14lbs) ... tho I do admit that Nintendo has clearly dropped the ball as it does not allow for heights under 1'8" so it can not accurate tell me that my bigger cat is overweight.
Reply
It was able to weigh me, and two friends within +/- 1 lb of what we weigh on a bathroom scale... and it's calculations based on height (normal vs. overweight) seem to be dead on for all of us (they are normal and I'm just a bit overweight).
I've got another set of friends w/ their own Fit who had similar experience--accurate weight and normal/overweight calculations vs "reality".
It even got the weights correct for my two cats (12lbs and 14lbs) ... tho I do admit that Nintendo has clearly dropped the ball as it does not allow for heights under 1'8" so it can not accurate tell me that my bigger cat is overweight.
Posted: Feb 12th 2009 1:04AM linebeginstoblur said
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 may not tune into their show. Torchia says that many people have never heard of him before, so he has decided to sue a large company because, though he knows he'll lose, at least he'll get some notoriety.
Posted: Feb 12th 2009 1:35AM therandomizer said
That guy looks like a cross between Will Farrell and Arnold Schwarzenegger...no wait, I take that back; that was a huge insult towards Will and Arnold. Gee, I suppose I'm gonna go sue McDonalds because their food made me fat! Or maybe I should sue Starbucks because their hot drinks were too hot. Here's a list that guy should check out: http://www.geocities.com/ernietugtin/stupid-lawsuits-all-time.htm just to make him look like a moron. Oh, wait, he already is one.
Posted: Feb 12th 2009 1:43AM Deck said
Hahahaha. Ridiculous, idiot. *sigh* What will people think of next? Wait, I REALLY do not want to know!
Posted: Feb 12th 2009 3:03AM AntiVillian said
I am going to sue the pavement because i didn't warn me before i started walking on it, my walk was too strenuous and I pulled a muscle, Oh and while I'm at it i'm going to Sue the pavement again because I was misinformed that it could help me loose weight but I haven't yet.
Posted: Feb 12th 2009 7:58AM (Unverified) said
There tons of warnings about warming up and taking breaks...
I hope nintendo wins this case in no time flat including their legal defense costs.
It's so insanely obvious that this is just an attention grab by this loser, he might as well wear an eff'ing t-shirt that says "I'm suing Nintendo so you'll hear about me"
I hope nintendo wins this case in no time flat including their legal defense costs.
It's so insanely obvious that this is just an attention grab by this loser, he might as well wear an eff'ing t-shirt that says "I'm suing Nintendo so you'll hear about me"
Posted: Feb 12th 2009 9:42AM Mabui said
I think in reality, all Nintendo has to do is send one lawyer down, with a Wii and Wii Fit, and show the judge the warnings and it'll get thrown out. There are no legal grounds for it, it is obviously a cash grab, and if anything Nintendo could sue for attempted determent of character.
Reply
Posted: Feb 12th 2009 10:08AM (Unverified) said
Sounds like someones got a case of Wii-ness envy.
Posted: Feb 12th 2009 10:35AM vidguy said
He's dead wrong. People aren't quitting exercise routines to play Wii, they are getting off their sofas and putting down the 2 litter of cola. If anything this is creating a market of people who might start exercising for real, giving this guy fresh meat for sales.
Plus, there are ample warnings on the box and in the menus. I feel like summary judgment is coming.
Plus, there are ample warnings on the box and in the menus. I feel like summary judgment is coming.
Posted: Feb 12th 2009 11:48AM (Unverified) said
heard this guy on kevin and bean (morning radio show in l.a.) this morning and he sound like a moron. kept talking about the "thousands and thousands" of people who injure themselves with borken arms, feet, rotator cuff injuries, etc. from wii fit.
i call bullshit.
i call bullshit.
Posted: Feb 12th 2009 5:17PM (Unverified) said
God never showed up actually that is why that lawsuit was thrown out.
Posted: Feb 12th 2009 3:53PM (Unverified) said
"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."
So they should sue book companies and TV stations and school anything else that prompts you to sit.
So they should sue book companies and TV stations and school anything else that prompts you to sit.
Posted: Feb 20th 2009 12:17AM (Unverified) said
I have taken the time to read all of you comments on what you feel about this suit from Mr. Torchia. From what I gather all of you have an opinion and are probably serious gamers and loyal fans of these gaming systems and products. Right or wrong anything that a gaming company you enjoy it seems you are willing to fight to the death or ridicule anyone who would raise questions of health issues or any issue pertaining to gaming or even disagree with your group.
Has anyone of you contacted this Micheal Torchia to ask him what he is doing or how he came to bring attantion to the physical issues of this game his research has found by talking to parents or seniors who have contacted him on physical injury issues they have playing the WII fit at many doctors recommendations just simply to make them exercise.
I did and I was satisfied at the true charactor I found in Mr. Torchia Because I did not jump on the bashing band wagon as all of you have.
By reading all of your comments for the first time it seems that all of you thrive on each others e-mails and have made less than kind comments and opinions that he is a hack with out you personally contacting him as I did.
take the time to e-mail him as I did and choose for yourself if you think he is a fraud prior to you printing online such harsh opinions.
Respectfully
Rev.
Ricky Jones
Has anyone of you contacted this Micheal Torchia to ask him what he is doing or how he came to bring attantion to the physical issues of this game his research has found by talking to parents or seniors who have contacted him on physical injury issues they have playing the WII fit at many doctors recommendations just simply to make them exercise.
I did and I was satisfied at the true charactor I found in Mr. Torchia Because I did not jump on the bashing band wagon as all of you have.
By reading all of your comments for the first time it seems that all of you thrive on each others e-mails and have made less than kind comments and opinions that he is a hack with out you personally contacting him as I did.
take the time to e-mail him as I did and choose for yourself if you think he is a fraud prior to you printing online such harsh opinions.
Respectfully
Rev.
Ricky Jones





