A beauty company says that an Upper East Side celebrity dermatologist, who happens to share the name of a legendary actress, failed to promote its anti-aging product on “The Dr. Oz Show,” according to a lawsuit filed in Manhattan Supreme Court.
Dr. Doris Day struck a deal with xLon Beauty, LLC, to be the face of their Cura Perfect cream in 2016 in exchange for 7 percent of the product’s revenue, the suit says.
But Day, 54, who has an office on East 70th Street near Fifth Avenue, allegedly didn’t hold up her end of the bargain.
She promised to use her business connections to introduce the “90-second eye lift” cream to “Dr. Oz and Christie Brinkley, and publicity through their respective media outlets,” court papers allege. “But she entirely failed.”
In a YouTube advertisement, the brunette Doris Day touts the infomercial cosmetic, which sells for $59.99 for a one-month supply, as a “New, surgery-free way to get the toned, tight, young look we all want instantly.”
As the cream is applied to a woman’s saggy eye, she exclaims off camera: “Look at these magical results!”
Aside from the two-minute video, xLon Beauty says that the New York University associate professor has refused to make herself available to film another ad or to make promotional appearances, court papers allege.
Further, the company accuses her of selling product samples for her profit. “The defendant has failed to use the Samples to perform her obligations,” the suit says. “[And] defendant sold the samples for her personal gain.”
xLon says that Day tried to purchase the company for $750,000 but it declined the offer and that her ”failure to promote the Product was an effort to prevent the Plaintiff from being successful, so that she could buy Plaintiff.”
xLon is suing for at least $500,000 in damages.
Day, whose medical practice services “national and international celebrities,” according to her website, called the allegations surprising and unfounded.
“I find them to be completely baseless,” said Day when reached by phone. “I will make that clear when the times comes in no uncertain terms.”
The dermatologist has appeared as a guest expert on “Good Morning America” and “The View.”