Peleton exercise equipment maker could be sued by HBO in relation to an And Just Like That episode where one of HBO’s most beloved characters fell on their bike.
Viewers and fans alike were stunned when John James Preston (better known as Mr. Big) collapsed after Carrie Bradshaw’s character jumped off of the machine in the final episode.
Sex and the City’s limited series was made the day after Peleton suffered an 11 percent share drop. One lawyer now believes that the exercise company could have cause for litigation.
Nancy C. Prager, an entertainment and intellectual property lawyer claimed that Peleton could sue the network for product placement agreements.
Prager said she was unsure whether the series had an arrangement with Peleton, but stated that it is necessary for the production company to have a special license in order to use the product’s logos.
Additionally, she said that the principle nominal fair allows production companies to use the product/brand if they are being used for their intended purposes.
Prager stated to The New York Times, “Nominative fair usage does not apply, however, when the protected mark is used in a manner that disparages it or the brand,”
Peleton was portrayed so badly that it was believed to have “tarnished” the brand and the values they stood for, as evidenced by the fall in shares.
HBO could take legal action against the company if it didn’t inform them of their product being used in the program.
Recently, an entertainment and intellectual property lawyer revealed to Peleton that they could sue HBO for portraying their product in a scene on And Just Like That.
And Just Like That, an HBO continuation of Sex and the City saw one of the most beloved characters of the series die while exercising on a Peleton bicycle.
Stacy Jones was the founder and chief executive of Hollywood Branded. She stated that Peleton would not be made aware of it.
‘It was a misstep that Peloton wasn’t fully aware of the script,’ Jones told the Times.
“The production failed to recognize that product placement should be mutually beneficial. They also didn’t consider the possible damage it would do for the brand,” she said.
Emory University Goizueta Business School Professor David Schweidel said product placements in television programs and movies are another form of advertisement.
Schweidel stated, “Think about product placement as an alternate form of advertising.”
‘If I can’t reach my customer base with a traditional television commercial anymore, I take the product in the program itself. Then, they can’t avoid it.’
This product placement allows companies to take advantage of media representation in order to drive sales, even though their brand has taken a dive.
Following the March death of a 6-year old boy in an accident with one of their treadmills and another in which a child aged three was trapped by the same machine, the company is cautious about how it portrays itself in media.
Sarah Jessica Parker, played by Carrie Bradshaw, attends the funeral for her husband and long-time love John James Preston, or Mr. Big
In the death scene, Mr. Big was played by Chris Noth and was seen on the Peleton speaking to Allegra his favourite instructor during his exercise.
As he was getting off his bike, Big could be seen grinning in pain and having a heart attack.
Big collapses occur in the restroom area near the end and the characters die.
Peloton appear not to have plans for legal action.
They instead issued a statement through Dr Suzanne Steinbaum who is a Cardiologist, insisting Mr Big would have been able to delay his fatal heart attack by riding a Peloton motorcycle.
Dr Steinbaum, who works for Peloton on its Health & Wellness Advisory Council said Mr Big’s history of cardiac arrest would have put him at higher risk of a heart attack.
Sex and the City lover herself, she was shocked to hear of the passing of Mr. Big. Peloton released an explanation on the circumstances that led to his death.
‘I’m sure SATC fans, like me, are saddened by the news that Mr. Big dies of a heart attack,’ Steinbaum began in her statement to US Weekly.
‘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 continued.
His likely causes of death were his lifestyle and his family history. He may have been able to avoid his death by riding on his Peloton bicycle, she said.
Steinbaum also revealed that, ‘more than 80 percent of all cardiac-related deaths are preventable’ by changing one’s lifestyle, diet and exercise.
According to her, 25 percent of heart attacks occur in people who’ve had one before (like Mr. Big). However, even then, these are extremely treatable.
“It is important to speak to your doctor and get checked. Also, it’s vital to have a good prevention plan. Peloton tracks your heart rate so you can ride safely.
Peloton knew about the presence of the brand on the show, according to people who reported that Jess King was playing the role of Allegra the fictional trainer.
Peleton continues to experience a drop in shares as of Sunday. Current stock price is $38.51 which represents a drop of 2.19 percent
Peloton spokesperson Denise Kelly confirmed that the company approved King’s portrayal of a fictional instructor in the episode, reports NBC News.
Kelly explained that HBO had not disclosed the context to Peloton ahead of time because of confidentiality concerns.
Peloton is an exercise company based in New York City. Many of the fans also wanted to know why they used a brand-name spin bike manufacturer instead.
King was quick point out that the death of Mr. Big was not caused by Peloton, and by using a known company humanizes the character and the overall realism of the show.
“Well, we knew that he would have a heart attack,” he said. So, the Peloton did not cause the heart attack,” he stated emphatically. [though]That people now have, right? It is a reflection of [modern] society. It was important to me that I had something to prove Mr. Big was still relevant. Everyone kept saying “Oh! [the characters]They are very old. They’re old.” They’re old.
King wondered what Mr. Big would do with his quarantine time, given that revival TV series used the COVID-9 pandemic to set the scene.
King stated that King would listen to his records and exercise at home. ‘So, we created this massively luxurious, titan-of the-world spa and placed the Peloton, the iconic item you’d have at home in it. The Peloton is my main rider, but not in such a small bathroom.
Steinbaum was not lying when he said that the stock market plunged 11% Friday morning, just hours after the episode aired.
On social media, Mr. Big’s passing was received with mixed emotions. Some, such as @cathrynsetz suggested they may have, “just tanked Peloton in the very first Episode!”
Some were worse off, including @helcnsharpe, who said that he would never recover and was being serious.
@zourkandy claimed that Carrie is chasing after that “love” and that once she gets it, it’s gone.
Last month, Peloton shares plunged 24% after the company reported a net loss of $376 million in its third quarter, as the company struggled to recover from a voluntary treadmill recall sparked by an infant’s death and 29 other injuries.
Peloton’s net loss for the three months ended September 30 was $376 million or $1.25 per shares, as compared to net income at $69.3 million or 20 cents per unit a year prior. Analysts expected Peloton would see a loss of $1.07 per share, CNBC reported.
Peloton cut the cost of the first bike by almost 20% in August from $2,245 last year.
This came after Peloton temporarily stopped making their treadmills due to the death of a child and the injuries of 29 others.
A video from the Consumer Product Safety Commission shows a boy walking behind the Peloton Tread+, while a girl sits on the treadmill. The pink ball is pulled underneath the treadmill.
Peloton faced controversy again in December 2019, after its Christmas advertisement caused a fierce backlash on social media. As a result, the company suffered a loss of $942million.
This commercial, titled “The Gift that Gives Back”, was mocked by the exercise equipment manufacturer. It shows a man receiving a stationary bicycle from his wife on Christmas morning. The woman then records her yearlong journey through fitness in a series selfie clips, which she later compiles to make a video thanking her husband.
Twitter viewers criticized the commercial calling it offensive, sexist and misogynistic.
Peloton Interactive Inc. stock declined 9.12%, analysts said. They attributed it to negative publicity about the ad.
Markets Insider reports that the market value of the company fell by nearly $942million, making it worth $9.4billion.
Is YOUR Peloton going to kill you? Femail, who was the victim of an unimaginable death with And Just Like That’s bike, reveals how expensive home-gym equipment is linked to many real-life tragedy (and how you can use it safely).
After a disturbing storyline in Sex And The City, Pelotons has come back into the spotlight as the safety and security of the Pelotons home gym experience that includes virtual classes.
In the first episode of ‘And Just Like That’, Carrie’s husband Mr Big (Chris Noth) dies of a heart attack shortly after a 45-minute session on a Peloton Bike, the piece of high-end home gym equipment – prices starting at £1,350/$1,495 – that’s become a must-have in affluent homes.
There have been real tragedies for the brand, including the Tread+ $2,400 treadmill. This was not available in the US, and it has since been recalled.
In March, a six-year old boy in the US was killed in an automobile accident. However, details of this incident have not been made public. Another incident saw a three-year-old child, who went on to make a full recovery, suffer head injuries after becoming trapped underneath the machine.
Others have also reported injuries, including abrasions or burns. A family member of a three-year old boy was forced to use a Tread+ treadmill and told him he would be permanently scarred.
In the UK, Peloton customers have reported minor injuries resulting from the use of the £2,295 Tread treadmill, resulting from the screen falling off.
Safety fears clouded the brand’s success, which rose during lockdowns when it was impossible to access the gyms.
Peloton’s popularity, that soared in lockdown periods when many couldn’t get to gyms, is now at risk due to safety concerns, especially regarding its Tread+ treadmill (pictured), which costs $2,400 and was released only in the US. It has since been recalled.
Jocelyn Ratliffe (age 6), suffered serious abrasions in her legs when she was sucked underneath a Peloton Tread+. This is what her father, who shared the photo via Good Morning America, revealed to April.
Following the And Just Like That premiere, it was hit with another setback. Shares plunged by 11.35% since the episode aired at 12:01 AM PT (US)
The CSPC, a US product safety regulator raised first concerns regarding the safety Tread+ which was not made available in the UK on April 17. They then asked Peloton to recall the Tread+.
Company had made the news public about the death of the child, aged six years old, the month before.
Following nearly 40 cases of children getting ‘trapped, pinched, and pulled under the rear roll’ of the Peloton Tread+, Regulators stated they must ‘warn people quickly about the hazard.
John Foley was the CEO of Peloton, and he refused.
Peloton did however announce a US recall of the Tread+ on May 5th due to these issues and admitted that it made mistakes in its initial response.
It simultaneously recalled the Tread, which is available in both the US and UK, due to the Tread’s faulty display, which had fallen off and caused injury.
Some 12 minor injuries such as abrasions, cuts or bruises linked to use of the Tread had been reported in the UK at the time of the recall.
Safety of popular brand exercise bikes has also been under investigation.
Due to a safety concern with the pedals, 27,000 Peloton bikes in the US were recalled in 2020
In the UK and USA, the Peloton Tread is still available. The Tread+ is not currently available in the US. The UK has not yet revealed the Tread+.
Peloton Bike+ is still available for purchase in the UK and USA.
Peloton explains how pets and children must be kept from Peloton, and any other home exercise apparatus at all costs.
Children should not use the equipment.
THIRD DEGREE BURNS FOR THREE-YEAR-OLD BOY
The three-year-old boy suffered third degree burns to his back and sides after he became trapped under a Peloton Tread+ in Brooklyn, New York last year
According to a July lawsuit, the injuries sustained by a three-year old boy who was trapped under the ‘defective’ and dangerous Peloton treadmill caused him severe third-degree burns.
Sarah and Ygal Saidoun of Brooklyn, New York filed a lawsuit against Peloton at the New York State Supreme Court relating to their son’s severe injuries.
The parents claim that their son got swept under the Peloton Tread+ in August 2020. According to the suit, the boy got trapped underneath the treadmill’s rotating belt and it ran while he was beneath it.
As a result, he suffered third-degree burns to his sides and back.
According to the lawsuit, the boy suffered permanent disfigurement and scarring.
They claim that Peloton knew or should have known that the treadmill was extremely dangerous.
Safety regulators issued an April warning regarding the Tread+ model, asking people who have children or pets to stop using it immediately after the death of one child and the injuries sustained by dozens more.
A video was released that shows how one boy fell headfirst into the treadmill and then wriggled out of it.
Peloton Tread+ model numbers were recalled and the company agreed to cease selling them in the month that followed.
Peloton is seeking to pay unspecified damages to the Saadoun families for their injuries.
DEAD SIX YEAR-OLD CHILD
John Foley, CEO of Peloton and co-founder of Peloton, shared the news in a March letter to Tread+ owners. Foley urged his customers to be cautious when using the equipment
John Foley, Peloton CEO and founder of Tread+, wrote to customers on March 20, 2021 that a 6-year old child died from an accident in which the treadmill was involved.
Public information has not been released about the victim, the parents, or what caused the accident.
It did however prompt Mr Foley, to remind parents not to let their children use the Peleton equipment.
Foley said that although we only know about a handful of Tread+ incidents where children were injured, they are all devastating and heartbreaking for everyone at Peloton.
Foley was also the co-founder and CEO of Peloton.
Foley said, “We design and construct all our products with safety as our top priority.”
We need your assistance to make sure your family is safe when you use Peloton products in the home.
“This statement is particularly true in the last stretch of pandemic, where everybody is still home.
WHEN PLAYING, CHILD DRAGGED UNDER AN PELOTON
The terrifying footage was shared by US regulators as they warn consumers not to use the Tread+ treadmill. This is the bottom-right picture of the child being pulled underneath the treadmill.
A terrifying video was released by US Federal regulators in April showing a child being pulled under the Tread+ treadmill. They warned people to discontinue using this equipment.
The heartbreaking video shows a small girl walking on a treadmill that is being turned on.
The little boy walks back behind the machine, picking up a large pink ball.
The ball is held by him towards the back, and he can be seen pulling the ball under the treadmill.
As the boy raises his arms slightly, the treadmill seems to stop working.
While the boy seems to remain stuck, the little girl jumps on the treadmill.
It starts to move again. At first, it seems that the boy resists it. Then it pulls him under the treadmill.
The machine’s power causes the little boy shake, and the treadmill suddenly speeds up, pulling the boy beneath his head.
He is being pulled down more, until his legs become visible. In an effort to get free, he seems to try to smash his legs.
He manages to get out from under the treadmill, which moves on. The boy is then seen moving away from the machine.
Peloton has stated that pets and children should not be allowed to use the equipment. Children should not use the equipment.