The
staff of the Federal Trade Commission today announced
its “Red Flag” education campaign to assist
media outlets voluntarily to screen out weight-loss product
ads containing claims that are too good to be true. The
announcement is the culmination of a workshop held on
November 19, 2002, and meetings with trade associations
and individual media outlets over the last year. To support
the voluntary initiative, the FTC released a media reference
guide entitled “Red Flag: Bogus Weight Loss Claims.”
“Unfortunately,
there are way too many ads for scientifically impossible
weight-loss products in the popular media,” said
FTC Chairman Timothy J. Muris. “The media should
institute screening programs to ‘red flag’
deceitful weight-loss ads and refuse to run them. To help
media advertising staff identify bogus claims, we’re
providing thousands of free copies of the ‘Red Flag’
booklet.”
The media reference guide builds upon the FTC’s
staff report, “Deception in Weight-Loss Advertising
Workshop: Seizing Opportunities and Building Partnerships
to Stop Weight-Loss Fraud,” also released today.
The staff report provides an overview and analysis of
the workshop discussion and relevant public comments.
Background
– 2002 Weight Loss Product Advertising Workshop
In
September 2002, the FTC staff issued a report on weight-loss
advertising that concluded that, despite vigorous FTC
law enforcement and consumer education efforts, fraudulent
and misleading weight-loss advertising was widespread
and on the rise. Following up on that report, in an effort
to identify alternative approaches to curbing weight-loss
fraud, the FTC held a public workshop on deception in
weight-loss product advertising on November 19, 2002.
The goal of the workshop was to explore new approaches
to stop false weight-loss advertising. Participants in
the workshop included, among others, scientists with expertise
in the study and treatment of overweight individuals and
obesity, weight-loss industry members, and media representatives.
The workshop consisted of three panels. The first panel
considered whether certain weight-loss claims, such as
claims that promote substantial weight loss without reducing
caloric intake or increasing exercise, are feasible. The
second panel considered ways to improve industry self-regulation
of weight-loss advertising. The final panel focused on
the feasibility and challenges of ad screening.
The
Report
The
FTC staff report issued today summarizes the proceedings
of the November 2002 weight-loss advertising workshop
and the pre- and post-workshop public comments, provides
an analysis of the scientific feasibility of the eight
weight-loss claims considered during the workshop, and
offers recommendations for future action.
The
staff report concludes that the claims are not scientifically
feasible at the current time for nonprescription drugs,
dietary supplements, creams, wraps, devices, and patches,
and that further guidance would assist the media in screening
out these bogus claims. As a result, to assist in media
screening, the FTC produced the reference guide released
today. The reference guide is designed so that media outlets
can screen out weight-loss ads through simple facial review,
rather than in-depth investigation.
Media
Guidance
The
centerpiece of the FTC campaign is educational guidance
to the media that identifies seven common weight-loss
claims made for products available over-the-counter, including
nonprescription drugs, dietary supplements, creams, wraps,
devices, and patches that are scientifically infeasible
at the current time. These claims include:
- Causes
weight loss of two pounds or more a week for a month,
or more without dieting or exercise.
- Causes
substantial weight loss, no matter what or how much
the consumer eats.
- Causes
permanent weight loss (even when the consumer stops
using the product).
- Blocks
the absorption of fat or calories to enable consumers
to lose substantial weight.
- Safely
enables consumers to lose more than three pounds per
week for more than four weeks.
- Causes
substantial weight loss for all users.
- Causes
substantial weight loss by wearing it on the body or
rubbing it into the skin.
“We
know that no publication or station wants to print or
air false weight-loss claims,” Chairman Muris said.
“This booklet provides specific examples of bogus
claims, along with explanations that will allow media
advertising personnel to avoid bogus weight loss claims
and stop them before they injure consumers. We encourage
the media to use it.”
The
Commission vote to release the staff report was 5-0.
Copies of the FTC staff weight-loss
report are available from the FTC’s Web site at
http://www.ftc.gov
and also from the FTC’s Consumer Response Center,
Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C.
20580. The FTC works for the consumer to prevent fraudulent,
deceptive, and unfair business practices in the marketplace
and to provide information to help consumers spot, stop,
and avoid them. To file a complaint, or to get free information
on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP
(1 877-382-4357), or use the complaint form at
http://www.ftc.gov. The FTC enters Internet, telemarketing,
identity theft, and other fraud-related complaints into
Consumer Sentinel, a secure, online database available
to hundreds of civil and criminal law enforcement agencies
in the U.S. and abroad.
MEDIA CONTACT:
Brenda
Mack
Office of Public Affairs
202-326-2182
STAFF CONTACT:
Richard
Cleland
Bureau of Consumer Protection
202-326-3088
(FTC
Matter No. P034509)
(http://www.ftc.gov/opa/2003/12/weightlossrpt.htm)
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