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Plastic surgeon says social media post didn’t imply 50 Cent had a penis enlargement

By | Published on Monday 17 October 2022

50 Cent

The plastic surgeon sued by 50 Cent for posting a photo of the rapper to her company’s social media profiles has hit back at the lawsuit, arguing that she hasn’t used the image for promotional purposes. And, anyway, 50 Cent gave her permission to post the photo in return for services provided to him and his girlfriend.

The rapper – real name Curtis Jackson – sued Angela Kogan last month. He claimed that he assumed Kogan was just a fan who wanted a souvenir when he agreed to be photographed with her back in 2020.

Therefore he was shocked when the picture was used on the social media of Kogan’s company, which trades as Perfection Plastic Surgery and MedSpa. By using the photo in that way, Jackson claimed, Kogan was implying he both used and endorsed her company’s services.

Worse still, the photo was also used in an article on gossip site The Shade Room in which Kogan discussed the rise in plastic surgery for men, including penile enhancements. The use of the photo alongside that interview – which Jackson argued was basically advertorial – again implied that he had used and endorsed Kogan’s company, and also possibly implied he’d had surgery on his penis.

“Jackson never had such a sexual enhancement procedure, he has never received plastic surgery from defendants, and he never consented to the commercialisation and publication of the photo”, the rapper’s lawsuit stated. “Defendants’ actions have exposed Jackson to ridicule, caused substantial damage to his professional and personal reputation, and violated his right to control his name and image (which has significant economic value)”.

In her legal response last week, Kogan describes how the photo “shows plaintiff standing with his arm around defendant (with defendant dressed in professional attire), in the middle of defendants’ office”. Meanwhile, it was “posted on defendants’ social media profiles with the caption ‘thank you @50cent for stopping by the number one med spa @bh_perfection_medspa’”.

“Neither the photo itself nor the caption thereof”, her legal filing goes on, “purports to show use of the photo in direct promotion with any commercial product or service. Rather, the photo is an innocuous capture of plaintiff and defendant in defendants’ office, with defendants’ inclusion of a sentence containing pure puffery”.

“Defendants’ sharing of the photo was made solely for entertainment purposes (ie to share on social media amongst defendants’ followers)”, it adds. “Defendants have never shared the photo with any third party publication for the purpose of claiming plaintiff received plastic surgery services and/or obtained a penile enhancement procedure from defendants or expressly stating the plaintiff endorsed such services”.

But, Kogan goes on, “even if the court were to determine that plaintiff’s name and image were used to directly promote a product or service, such use was made with the prior consent of plaintiff”.

“Plaintiff’s girlfriend visited defendants’ office for the purpose of receiving free MedSpa services in exchange for promoting defendants’ business”, it claims. “Plaintiff joined his girlfriend on this visit, and also agreed to receive free MedSpa services in exchange for promoting defendants’ business via taking the photo and allowing it to be shared on defendants’ social media profiles”.

So there you go. We await Jackson’s response.