Biggest Loser contestant Tara Costa sued by sponsor for gaining back weight

Tara Costa, the second runner-up on the 2009 season of Biggest Loser, is entangled in a legal battle with FC Online Marketing.

The company, which operates Ilovekickboxing.com and hired Costa to make gym appearances. Company representatives claim Costa gained back too much weight to remain a viable spokesperson.

“We hired Tara Costa in 2011 to be a spokesperson,” Michael Parrella, chief executive of FC, told Long Island Newsday. “She came on at a certain weight. We had a fitness clause. She was in material breach after she gained, in my opinion, about 45 pounds. She was supposed to visit 15 of our franchise locations, but we weren’t able to send her anywhere because she gained a lot of weight.”

Costa struck back at FC with her own lawsuit. (An original suit filed in Florida was withdrawn. Darren Heitner, Costa’s attorney, said they are refiling in New York.)

“Ms. Costa hasn’t gained weight,” Heitner said. “If that were true and if the public realizes this, then why did they continue to use her image?”

Heitner also claimed Costa was disappointed by the number of opportunities FC presented: “My client was willing, available and actually excited to fulfill the terms of the appearance contract. It was no one’s fault but FC Online’s that those appearance opportunities were not presented to her.”

Consequentially, she signed a new contract with Anytime Fitness. (Gotta admit that sounds like some contractual overlap. And, because Anytime Fitness could fall under the broad umbrella that is a non-compete clause, Costa’s defense seems a bit shaky…)

Following her appearance on Biggest Loser, Costa opened up to ABC News about her continued struggles with food addiction.

“Now it’s not about willpower, it’s about — there might be something wrong up here,” Costa said, gesturing to her head, in September 2012.

She admitted the food addiction caused her to gain back weight, but photos demonstrate she is still in phenomenal shape. She even completed an Ironman triathlon, which is basically the most intense physical test known to man.

Besides, even though Costa gained back weight from her all-time, Biggest Loser low, FC should have anticipated that. In fact, the a large number of former contestants gain back significantly more weight than Costa.