'Phillips Lady' Phoebe Jonas sues over promotional bobblehead she says was created to cheat her out of pay By VICTORIA BEKIEMPIS
A former spokesmodel for Bayer’s laxatives claims the pharmaceutical giant is playing fast and loose with her image, according to new court papers.
From June 2016 to March 2018, Brooklyn-based actor Phoebe Jonas was the “Phillips Lady,” promoting Bayer’s digestive health products.
As the “Phillips Lady,” she starred in “numerous national commercials that promoted several Bayer products, including, but not limited to, Phillips', Colon Health Probiotics, Milk of Magnesia, laxative caplets, stool softener liquid gel tablets, and fiber gummies,” her Manhattan Supreme Court lawsuit states. “Plaintiff became known as the Phillips Lady due to her frequent appearances in Bayer commercials.”
After Jonas’ contract with Bayer expired this spring, Bayer “unilaterally continued to use the commercials on its website without plaintiff's consent or permission through April 20, 2018.”
Without telling Jonas, Bayer also started using a bobblehead that’s “identical” to her as early as January, she said.
The suit alleges that “Bayer created the bobblehead replica to avoid renegotiating the right to continue to use plaintiff’s likeness with plaintiff and continued to use her likeness (without consent).”
While Bayer has removed images of Jonas off its website after she complained, “advertisements and video of the bobblehead of plaintiff’s likeness remains on Phillips' website promoting the very same products plaintiff previously promoted as the Phillips Lady,” court papers state.
The suit, filed by lawyer Steven Mintz, seeks $500,000.
Asked for comment, Bayer spokesman Chris Loder said, “This preposterous complaint is without merit” and that “we intend to fight these baseless claims.”