The Wii Might Not Be Much Exercise, But Suing Nintendo For Self-Promotion Is

from the and-1-and-2-and-file-and-sue dept

Thu, Feb 19th 2009 6:22pm — Carlo Longino

The Nintendo Wii has been the subject of class-action lawsuits before, but this could be a new low: some guy now claims he's preparing another one for the company to deal with, because he alleges Nintendo misrepresents the Wii as a fitness tool when it actually contributes to obesity. He equates Nintendo to tobacco companies misrepresenting the safety of their products, but as Engadget points out, he's not just some do-gooder concerned about the health of America, he's also somebody who makes his living from it, and apparently has a fitness radio show that's about to launch. Somehow it's hard to imagine this suit will get anywhere; but we also imagine it was never really meant to anyway.

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Filed Under: class action lawsuit, fitness, wii
Companies: nintendo

17 Comments

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Anonymous Coward, 19 Feb 2009 @ 7:32pm

Wii fit is not a workout. Saying otherwise is a lie.
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Anonymous Coward, 19 Feb 2009 @ 7:47pm

i dont know, outdoor adventure kicks my ass in a few minutes, Now granted, I wouldnt think that its a full on exercise machine, its sure is a workout for me. Its just another person suing a company for money, I like Nintendo and i hope they fight this and it gets thrown out of court.
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Anonymous Coward, 19 Feb 2009 @ 7:48pm

Is he also targeting the thigh master?
... and a bunch of others ...
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DL, 19 Feb 2009 @ 7:53pm

In the same sense, then any exercise video ever made should be sued for false advertising too... just because you watch it, does not mean you will get any results from it unless you actively participate. Sitting on the couch and wanking to the fitness instructor women is hardly exercise, either.
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Nathania, 19 Feb 2009 @ 9:31pm

When I use the Wii fit regularly (and correctly), I lose weight. I mean, it's not like you can go to the flippin pizza buffet and pound down some milkshakes and expect to shed the pounds. But anyone with half a brain knows that (are there any left on this planet?).

But if you do exercises repetitively, then you will lose weight. Like any fitness program - it's up to the exerciser!
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simon, 20 Feb 2009 @ 3:33am

I disagree, I played with my nephew, tennis, bowling, tiger woods and was totally wiped out. My arms were sore, and I was sweating like drug mule going thu customs
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Anonymous Coward, 20 Feb 2009 @ 5:03am

Re:
Ok, running 4 miles I burn about 600 calories. I would have to play about an hour to burn a sixth of that.
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PaulT (profile), 20 Feb 2009 @ 6:11am

This probably has no chance. There's 3 claims being made here - that Wii Fit isn't as good a workout as some other methods, that some people *might* use Wii Fit instead of more traditional exercise and that people may have been injured by not warming up properly.

The first thing that comes to mind is that some of these claims are contradictory. If the device doesn't encourage people to exercise properly, then how are they exercising enough to injure themselves? The claim about people using Wii Fit instead of the gym is also rather silly - anyone used to exercising will recognise that most of the activities in the game (running and some of the "muscle" exercising excluded) don't give a major workout, and the focus of the game is in fact on yoga and balance rather than a "traditional" workout. Anyone not used to exercising enough to recognise this isn't going to get fat because of Wii Fit, but because they don't exercise anyway.

The claim about not encouraging people to warm up is also wrong. First of all, it doesn't stress anything at all - it give a list of activities but doesn't combine them into a "workout". Since there's no recommended timing or order to the activities, I don't see how they can be held responsible for people choosing not to warm up. Not only that, but the follow is the text on the screen that appears when you go to the training mode (where the exercises are):

"Clear the space around you and make sure you warm up before exercising"

That appears *every* time you enter this mode. It's easily ignored, of course, but I don't see what else Nintendo could do.

On a side note, I find Wii Fit to be a great motivator for exercise, but I found the game itself a little lacking and boring. I bought a new game, My Fitness Coach, which does give you a complete 15 - 75 minute aerobic workout (you choose the duration) and takes note of certain gym equipment if you own it. It's a cheap alternative to Wii Fit, and I am very sore right now from yesterday's workout - give it a go!
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Michelle, 20 Feb 2009 @ 7:53am

What happened to being responsible for self!?!?
I think a suit would be bogus, but I come from the point being responsible for myself. I choose to use Wii Fit as a tool and if I do not lose weight/get in shape then it is my responsibility to change tactics. If I do not warm up properly because I am saving time and hurt myself, well again its not Nintendo's fault that I was stupid. I am responsible for myself! Nintendo didn't force me to eat more calories than I burn for the last ten years, so why would they be responsible for any further self harm in an attempt to lose???
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ChurchHatesTucker (profile), 20 Feb 2009 @ 10:51am

Color me surprised.
The Streisand effect. He has it.
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Anonymous Coward, 20 Feb 2009 @ 7:37pm

Re:
lmfao
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Rev. Ricky Jones, 23 Feb 2009 @ 8:16am

Wii Fit
I myself do not play games but many of the families that I spoken with have multiple family members that play games that include Wii Fit. In speaking with many of these families and listening to comments made from parents, young adults and children in stores, schools and other places, I have noticed that all age groups have mentioned injuries at one point with the Wii Fit.
I have found that many parents have bought these games for thier children to keep them busy or because thier childrens friends have it. a sad fact is many parents buy these games the children- young adults set them up and they just play by-passing all of the instructions and or warnings.
Many young adults and children do in fact go outside less to stay inside the home to play video games, the excitement I use to see in children speaking about playing games and the victory of winning or how close they came to winning are less than I use to hear.
I personally contacted Mr. Torchia to speak with him about what his thoughts were on this law suite. I have read alot of the comments ridiculing him, making lite of him and some hate comments about him from gaming sites and serious gamers as many of you are.
I found Mr. Torchia did in fact care about the health and well being of individuals. I also understood from our conversation that Mr. Torchia did not compare cigarretts to gaming, he compared the amount of money spent to sell a product for monitary gain froma company that in fact did not have all of the facts about its use.
I would ask that all of you that do have questions on why Mr. Torchia is bringing these comments to the public give him a call or e-mail him as I did. I found him to be knowledgable and caring about the well being of anyone sick, overweight, injured or trying to improve thier health.
Respectfully
Rev. Ricky Jones
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markwp17, 24 Mar 2009 @ 9:51pm

get screwed
I have down loaded 2 games @ $20 bucks each and 48 hours later have NO games or programs for my money. EA is a complete scam, out $40 dollars. Mark
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dhsg, 6 Apr 2009 @ 1:26pm

dsagas
wiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii
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ewq, 6 Apr 2009 @ 1:27pm

Re: dsagas
poo
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Wii Points, 27 Jul 2009 @ 5:23pm

Wow
I never actually heard about this law suit, it's pathetic as well. Nintendo isn't misrepresenting anything. In fact, if you read some of the nintendo instruction manuals, they're almost humorously accurate. In saying how not to use it, and what can and won't happen. This guy needs a life.
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Christina, 6 Jan 2010 @ 7:50am

Re: What happened to being responsible for self!?!?
Agreed. Have we no common sense these days? Nintendo Wii is a Game!! This country truly has become law suit-happy.
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