November 2004

FTC targets bogus weight-loss claims

The Federal Trade Commission has launched its “Operation Big Fat Lie,” a nation-wide law enforcement sweep against six companies making false weight-loss claims in national advertisements. Operation Big Fat Lie is the latest in the Commission’s efforts to stop deceptive advertising and provide refunds to consumers harmed by unscrupulous weight-loss advertisers, encourage media outlets not to carry advertisements containing bogus weight-loss claims, and educate consumers to be on their guard against companies promising miraculous weight loss without diet or exercise.

Complaints in each of the six cases announced allege that defendants used at least one of the seven bogus weight-loss claims that are part of the FTC’s “Red Flag” education campaign announced in December 2003. That ongoing Red Flag campaign provides guidance to assist media outlets in voluntarily screening out weight-loss ads that contain claims that are too good to be true.

The cases challenge ads containing false Red Flag claims for a variety of products, including pills, powders, green tea, topical gels and diet patches. The FTC alleges in each case that the weight-loss claims are false and that the defendants did not have adequate substantiation for the claims they made.

The challenged ads ran in nationally-known publications.

As part of the Red Flag initiative, the FTC staff has sent reminder letters to media outlets that ran the questionable advertisements. The purpose of these letters is to assist media in identifying and rejecting weight-loss ads that contain facially false claims. The media letters include: (1) a copy of the problem advertisement; (2) a copy of the Commission’s Reference Guide for Media on Bogus Weight Loss Claim Detection; and (3) a description of each Red Flag Claim contained in the problem advertisement.

CONSUMER EDUCATION
The FTC is launching a campaign to help consumers spot claims that almost always signal a diet rip-off. “Weighing the Evidence in Diet Ads” warns consumers to steer clear of diet pills, patches, creams, or other products that offer quick weight loss without diet or exercise; that claim to block the absorption of fat, calories, or carbohydrates; or that promise that consumers can eat all they want of high-calorie foods and still lose weight. Consumers can find more tips on protecting themselves from questionable diet products at www.ftc.gov/dietfit.

The FTC has also launched a new "teaser" web site to reach consumers surfing online for weight-loss products. Teaser sites mimic real Web pages, using common buzz words and making the kind of exaggerated diet claims found on many web sites. At first glance, the teaser site appears to advertise a new pill promising to help consumers “Lose up to 10 pounds per week – with no sweat, no starvation!” Once the consumers try to order the product, they learn the ad is actually a consumer education piece posted by the FTC to warn consumers about diet rip-offs. The FTC’s new teaser site can be found at: www.wemarket4u.net/fatfoe.

Source: Federal Trade Commission, www.ftc.gov

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