For Release:
December 9, 2003
FTC Releases Guidance
to Media on False Weight-Loss Claims
Staff Report on
Weight-Loss Advertising Workshop Made Available
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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Related Documents:
Deception in Weight-Loss Advertising
Workshop:
Seizing Opportunities and Building Partnerships
to Stop Weight-Loss Fraud (December 2003)
- Text of
the Report [PDF 576K]
Workshop
Transcript [PDF 329K]
Consumer Information:
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