Eleventh Circuit Court Upholds Dismissal of CoolSculpting Lawsuit: A Case Study on Consumer Protection and Informed Decision Making

August 5, 2023

Zeltiq Aesthetics Inc., the manufacturer of the CoolSculpting fat reduction treatment, has been at the center of a legal dispute regarding allegations that their product can enlarge fat tissue instead of reducing it. In a recent ruling, the Eleventh Circuit upheld the dismissal of a lawsuit against Zeltiq, stating that the company had adequately warned medical professionals about the potential risks associated with the treatment.

The court's decision highlighted that Zeltiq had issued clear warnings to medical professionals, including information about the possibility of Paradoxical Adipose Hyperplasia (PAH), a condition in which the targeted fat tissue enlarges. These warnings were provided through user manuals, training materials, and consent forms signed by patients.

In this particular case, the plaintiff, Terrance Cates, had received CoolSculpting treatment from a registered nurse practitioner in 2018. Subsequently, he developed a visible mass in his lower stomach and hips. Cates asserted multiple claims, including failure to warn, design defect, negligence, negligent misrepresentation, and fraudulent misrepresentation and concealment.

The court dismissed Cates' failure to warn and design defect claims, emphasizing that Zeltiq's obligation was to inform the medical professional performing the treatment, rather than directly warning the patient. The court also noted that Cates failed to demonstrate a defect in the CoolSculpting device, as he only pointed to a known, but rare, side effect.

Zeltiq's CoolSculpting system gained FDA clearance in 2010 and is a non-surgical fat reduction method that targets specific body areas by freezing away fat. It is primarily administered by medical professionals in dermatology offices, plastic surgery clinics, and medical spas.

It is worth noting that this is not the first time Zeltiq has faced allegations regarding the CoolSculpting device. In a separate case, Canadian model Linda Evangelista sued the company for damages after experiencing PAH and scarring following multiple treatments. However, the details of that lawsuit were voluntarily dismissed in July 2022.

Legal representatives for both Terrance Cates and Zeltiq declined to comment on the recent ruling.

With the right information, patients can take a proactive approach to their healthcare and ensure that they are receiving the best possible care. Together, we can work to make sure our clients receive the justice they deserve. If you or anyone you know has been affected by coolsculpting complications, please reach out to Jason J. Joy & Associates at 713-221-6500. Thank you for entrusting us to join your fight. 


While this article provides general legal information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.


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