Clinic sued over hair transplant ads

Dec 2007

A Winnipeg man is suing a local hair transplant clinic after his new hairline was plastered on advertisements in restaurant and bar washrooms across the city.

In a lawsuit filed last month, Tyson Smith alleges he allowed the Sheps Hair Transplant Clinic to use his image on the clinic's website in exchange for a $1,000 discount on his next transplant.

In October, Smith "was made aware that photographs of himself (were) contained in a professional advertisement promoting the defendant's business in washrooms of commercial establishments accessible to member of the public," the lawsuit states.

Smith's image was also included in clinic brochures without his consent, Smith said.

He said he contacted the medical clinic several times to have the advertising removed, without satisfaction.
Smith "suffered distress, annoyance, and embarrassment" as a result of the washroom advertisement, which violated his privacy rights, the lawsuit alleges.

Reached at his office yesterday, clinic president Dr. Michael Sheps said "there was a complete mixup" resulting in Smith's picture being mistakenly included in the clinic's washroom advertising.

"We tried to get them changed as quickly as possible but there was a delay of a couple of weeks," Sheps said, noting the offending advertisements were finally removed on Nov. 18.

Sheps said he was vacationing in Mexico when he first learned of the mixup and had difficulties communicating with the company responsible for installing the advertising.

"I did everything I could do," he said. "I certainly tried my best."

The allegations have not been proven in court.
 

Clinic sued over hair transplant ads