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this pageWeight Loss Ads Misleading
WASHINGTON, D.C. — October 4, 2002 — False or misleading claims are widespread in ads for weight–loss products, according to a recent report issued by the Federal Trade Commission (FTC). One common ploy is to claim that product users can lose weight without proper diet and exercise.
Many companies use deceptive testimonials and before–and–after photos to market their products, the report says. Other false claims involve:
- The promise of rapid weight–loss.
- Long–term or permanent weight–loss guarantees.
- Physician endorsements, and clinical “proof” that the product is effective.
- Assurance that the product is natural or safe, with no harmful side effects. This category includes products containing ephedra, which in many cases has caused dizziness, headache, heart attack, stroke, and seizures. (See Injuries from Medical Drugs for background information and descriptions of other products).
Nearly 40 percent of the ads in the study, including ads that appeared in mainstream, national publications, made at least one representation that is “almost certainly false,” according to the report. About 55 percent of the ads made at least one representation that is “very likely to be false.”
“We have known for some time now that there is a serious problem with weight–loss product advertising. This report demonstrates the extent of that problem,” said FTC Chairman Timothy J. Muris (FTC Press Release, September 17, 2002). “Reputable marketers continue to take care to avoid false and misleading claims, but ... too many unscrupulous marketers are making false claims promising dramatic and effortless weight loss to sell their products.”
False Diet Ads Have Increased Since 1992
The report examined 300 promotions that appeared between February and May 2001, and compared them with ads that ran in 1992. There was a shift away from weight–loss products advertised as “low–calorie meal–replacements” in 1992 to pills and other products that commonly claimed to work without diet or exercise in 2001. Although ads from both 1992 and 2001 contained deceptive or false claims, the recent ads were much more likely to make specific misleading performance promises.
Since 1990, the FTC has filed 93 cases challenging false and misleading weight–loss claims involving over–the–counter drugs, dietary supplements, commercial weight–loss centers, weight–loss devices and exercise equipment. The agency admits that it has been unsuccessful in past efforts to have the media adopt screening standards that would help weed out deceptive weight–loss claims.
At Brayton Purcell, we are concerned with injuries from unsafe drugs, including weight–loss products such as Phen–Fen, Meridia, and supplements containing ephedra. If you have a question about your drug exposure, please feel free to contact us to learn about your legal options.