A Weightloss and diet forum. WeightLossBanter

If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.

Go Back   Home » WeightLossBanter forum » alt.support.diet newsgroups » General Discussion
Site Map Home Authors List Search Today's Posts Mark Forums Read Web Partners

False Weight Loss Claims



 
 
Thread Tools Display Modes
  #1  
Old November 9th, 2004, 06:47 PM
Patricia Heil
external usenet poster
 
Posts: n/a
Default False Weight Loss Claims

FTC Launches "Big Fat Lie" Initiative Targeting Bogus Weight-loss Claims



Today, the Federal Trade Commission is launching "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 today 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.



"False and misleading advertisements are about as credible as a note from
the Tooth Fairy," said Federal Trade Commission Chairman Deborah Platt
Majoras. "As part of our 'no tolerance' policy, we are announcing six new
cases against advertisers using bogus weight loss claims. By also working
with media outlets to reject false ads and educating consumers to make
informed choices, the FTC hopes to keep this national obesity epidemic from
getting worse."



The cases announced today 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 such as: Cosmopolitan; Woman's Own; Complete Woman; USA
Weekend; Dallas Morning News; San Francisco Chronicle; Cleveland Plain
Dealer; Albuquerque Journal; and in Spanish-language publications, such as
TeleRevista Magazine. In each of these cases, the Commission is seeking to
stop the bogus ads and to secure redress for consumers. In addition to the
cases announced today, the Commission has filed lawsuits against seven other
companies since April 2004 for making similarly false Red Flag weight-loss
claims. (See attached list of cases.)



FTC's "Red Flag" Media Education Campaign



These cases follow up on the FTC's December 2003 announcement of its Red
Flag initiative to encourage the media to adopt standards that would screen
out weight-loss advertisements that contain false claims. Preliminary
results of this effort are promising. "Through our monitoring, we have seen
a decrease in the frequency of false weight loss claims in the media," said
Chairman Majoras. "This tells us that many in the publishing and
broadcasting industries are doing the right thing and stepping up their
efforts to reject ads like the ones we targeted today. That is good for
consumers, good for the media, and good for honest advertisers."



As part of the Red Flag initiative, the FTC staff has sent reminder letters
to media outlets that ran advertisements challenged in the six law
enforcement actions announced today. 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 http://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: http://www.wemarket4u.net/fatfoe.



Law Enforcement Actions



Selfworx.com LLC



On November 4, 2004, the Commission filed a complaint in the U.S. District
Court, District of Maine, against Selfworx.com LLC, Iworx LLC, and Jeffrey
V. Kral. The Scarborough, Maine-based defendants advertised two weight-loss
products: gel.ä.thin - a topical gel, and Ultra LipoLean - a dietary
supplement tablet described as a "fat blocker."



The complaint alleges that the defendants make false and unsubstantiated
claims that gel.ä.thin, when rubbed into the skin: (1) causes substantial
weight loss, including as much as 21 pounds in six weeks; (2) dissolves fat
deposits in days; and (3) dissolves and removes cellulite from the body. The
complaint further alleges that defendants falsely claim that clinical
studies demonstrate that gel.ä.thin will reduce fat and cellulite deposits
on contact.



The complaint further alleges that the defendants make false and
unsubstantiated claims that LipoLean causes rapid and substantial weight
loss, including as much as four pounds per week, without the need to diet;
and that only two tablets of LipoLean absorb 20 to 30 grams of fat from a
meal.



Femina, Inc.



On November 8, 2004, the FTC filed a complaint in the U.S. District Court,
Southern District of Florida, against Femina, Inc., based in Pembroke Pines,
Florida, and its owner, Husnain Mirza, challenging ads for three products -
"1-2-3 Reduce Fat" (a three-part kit), "Siluette Patch" (a transdermal patch
made from pure seaweed), and "Fat Seltzer Reduce" (a dietary supplement).
The 1-2-3 Reduce Fat kit includes Xena RX, a diet pill; Reduce Gel Magic, a
gel to put on the body; and a plaster corset to wrap around the body. The
Xena RX pill purportedly contains green tea extract, and the Magic gel
purportedly contains aloe vera and sea algae. The defendants primarily use
Spanish-language ads.



The complaint alleges that the defendants make false and unsubstantiated
claims: (1) that 1-2-3 Reduce Fat causes weight loss by blocking and
eliminating fat; (2) that the green tea extract blocks up to 40 percent of
the absorption of fat; and (3) that the aloe vera and seaweed gel eliminates
inches of fat.



The complaint also alleges that the defendants make false and
unsubstantiated claims that the Siluette Patch: (1) causes substantial
weight loss when worn on the body; (2) causes rapid weight loss with no
dietary changes; (3) eliminates cellulite and controls metabolism; and (4)
eliminates accumulated fat.



The complaint also alleges that the defendants make false and
unsubstantiated claims that Fat Seltzer Reduce: (1) causes rapid and
permanent weight loss; (2) causes fat to be absorbed and eliminated fast and
easily through the urine; and (3) causes weight loss without the need to
diet or exercise.



On November 8, 2004, the court entered a temporary restraining order that
prohibits the defendants from making false or misleading claims for any
weight loss product. The TRO also includes provisions requiring the
defendants to maintain records and other evidence, and requiring them to
provide an accounting of their sales and other financial information.



CHK Trading Co., Inc.



On November 4, 2004, the FTC filed a complaint in the U.S. District Court,
Southern District of New York, against two companies - CHK Trading Co.,
Inc., based in New Jersey, and CHK Trading Corp., based in New York City.
The Commission alleged that the corporate defendants and their principal,
Chong Kim, market and sell "Hanmeilin Cellulite Cream," a topical cream
which contains Chinese herbs and other all-natural ingredients. Users are
told to apply the cream on the buttocks, stomach, and thighs and massage
until the cream is completely absorbed. The defendants advertise their
product to Spanish-speaking consumers via national advertisements in
TeleRevista magazine, as well as to English-speaking and Korean-speaking
consumers via their Web sites.



The complaint alleges that the defendants make false and unsubstantiated
claims that rubbing Hanmeilin Cellulite Cream into the body: (1) causes
permanent weight loss; (2) causes substantial weight loss, including as much
as 10 to 95 pounds; and (3) eliminates fat and cellulite.



Natural Products



On November 3, 2004, the FTC filed a complaint in the U.S. District Court,
Central District of California, against Natural Products, LLC; All Natural 4
U, LLC; and Ana M. Solkamans. The Tustin, California-based defendants sell a
dietary supplement called "Bio Trim," "Body-Trim/Bio-Trim" or "Body-Trim" in
capsule and powder form. Users are told to take two capsules with eight
ounces of water one half-hour before their two biggest meals, or, if using
the powder, users are told to take one half-teaspoon of the powder mix in
eight ounces of cold juice 15 minutes before two meals.



The complaint alleges that the defendants make false and unsubstantiated
claims that Bio Trim: (1) causes users to lose substantial weight, while
eating unlimited amounts of food; (2) causes substantial weight loss by
blocking the absorption of fat or calories; (3) works for all overweight
users; and (4) is clinically proven to cause rapid and substantial weight
loss without reducing calories.



New England Diet Center



On November 4, 2004, the Commission filed a complaint in the U.S. District
Court, District of Connecticut, against Bronson Partners, LLC, (doing
business as New England Diet Center and Bronson Day Spa), and Martin Howard.
The defendants, based in Westport, Connecticut, sold Chinese Diet Tea and
the Bio-Slim Patch - purported weight loss products. Users of the Chinese
Diet Tea are told to drink one cup of tea after each meal to neutralize the
absorption of fattening foods.



The complaint alleges that the defendants make false and unsubstantiated
claims that Chinese Diet Tea: (1) causes rapid and substantial weight loss
without the need to diet or exercise; (2) enables users to lose as much as
six pounds per week over multiple weeks and months without the need to diet
or exercise; (3) enables users to lose substantial weight while enjoying
their favorite foods; (4) blocks the absorption of fat and calories; and (5)
causes substantial weight loss for all users. The complaint further alleges
that defendants falsely claim that Chinese Diet Tea is clinically proven to
cause rapid and substantial weight loss without exercising or dieting.



The complaint further alleges that the defendants make false and
unsubstantiated claims that the Bio-Slim Patch: (1) causes rapid and
substantial weight loss without the need to exercise or diet; and (2) causes
substantial weight loss when worn on the body.



AVS Marketing, Inc.



On October 27, 2004, the FTC filed a complaint in U.S. District Court for
the Northern District of Illinois, Eastern Division, against AVS Marketing,
Inc., and William R. Heid. The defendants, based in Thomson, Illinois, sell
"Himalayan Diet Breakthrough," a dietary supplement containing Nepalese
Mineral Pitch - "a paste-like material" that "oozes out of the cliff face
cracks in the summer season" in the Himalayas. Users are directed to take
one tablet with water before lunch, dinner and bedtime.



The complaint alleges that the defendants make false and unsubstantiated
claims that Himalayan Diet Breakthrough: (1) causes rapid and substantial
weight loss, including as much as 37 pounds in 8 weeks, without the need to
reduce caloric intake or increase exercise; (2) causes users to lose
substantial weight, including as much as 37 pounds in 8 weeks, while still
consuming unlimited amounts of food; (3) causes substantial weight loss,
including as much as 37 pounds in 8 weeks, by preventing the formation of
body fat; (4) causes substantial weight loss for all users; and (5) enables
users to lose safely as much as 37 pounds in 8 weeks.



On October 28, 2004, the court entered a temporary restraining order that
prohibits the defendants from making the above claims or any other false or
unsubstantiated product claims, and prohibits further sales of Himalayan
Diet Breakthrough pending determination of the FTC's motion for a
preliminary injunction. The TRO also includes provisions freezing the
defendants' assets, requiring the defendants to maintain records and other
evidence, and requiring the defendants to provide an accounting of their
sales and other financial information.



State Enforcement Action



The Commission was joined today by the Maine Attorney General's Office,
which is filing an additional weight loss enforcement action in Maine state
court against a diet patch seller from that state. The defendant in that
case made false claims for two weight-loss products - Slim Patch and
Bodylite Gel Patch. The ads appeared in advertising carried in newspapers
across the United States.



The Commission vote authorizing staff to file the six complaints in the
appropriate federal district court was 5-0.



NOTE: The Commission files a complaint when it has "reason to believe" that
the law has been or is being violated, and it appears to the Commission that
a proceeding is in the public interest. A complaint is not a finding or
ruling that the defendant has actually violated the law. Each case will be
decided by the court.



Copies of the complaints announced today 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 in English or Spanish
(bilingual counselors are available to take complaints), 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 CONTACTS:



Richard Cleland,

Bureau of Consumer Protection

202-326-3088

or

Thomas Carter,

FTC's Southwest Region - Dallas

214-979-9372

(Sweep Coordinators)



John Mendenhall or Brinley Williams

FTC's East Central Region - Cleveland

216-263-3455

(Selfworx.com)



Andrea Foster or Paul Davis

FTC's Southeast Region - Atlanta

404-656-1390

(Femina)



Barbara Anthony or Michele Stolls

FTC's Northeast Region - New York

212-607-2829

(CHK Trading Co.)



Jeffrey Klurfeld or Barbara Chun

FTC's Western Region - Los Angeles

310-824-4343

(Natural Products World)



C. Steven Baker or Guy Ward

FTC's Midwest Region - Chicago

312-960-5634

(AVS Marketing)



Barbara Anthony or Robin Eichen

FTC's Northeast Region - New York

212-607-2829

(New England Diet Center)



Maine law enforcement action contact:



Stanley W. Piecuch

207-626-8818



(Selfworx: FTC File No. 042 3151; Civil Action No. 2:04-cv-00241-GCS)

(Femina: FTC File No. 042 3114; Civil Action No. 04-61467)

(CHK Trading: FTC File No. 042 3093; Civil Action No. 04-cv-8686)

(Natural Products World: FTC File No. 032 3238; Civil Action No. SACV04-1279
AHS MLGx)

(AVS Marketing: FTC File No. 042 3042; Civil Action No. 04C 6915)

(New England Diet Center: FTC File No. 042 3115; Civil Action No.
304-CV-1866)



(http://www.ftc.gov/opa/2004/11/bigfatliesweep.htm)

Related Documents:



En Español: La FTC Lanza una Iniciativa contra las Declaraciones Falsas de
Pérdida de Peso



Federal Trade Commission, Plaintiff, v. Iworx, a corporation, and
Selfworx.com, LLC, and Jeffrey V. Kral, Defendants., United States District
Court, District of Maine, FTC File No.: 042 3151, Civil Action No.
2:04-cv-00241-GCS



Federal Trade Commission, Plaintiff v. CHK Trading Corp., CHK Trading Co.,
Inc., and Chong Kim, Defendants, United States District Court, Southern
District of New York, FTC File No.: 042 3093, Civil Action No. 04-cv-8686



Federal Trade Commission, Plaintiff, vs. Femina, Inc., a Florida
corporation, and Husnain Mirza, individually, and as an officer and director
of Femina, Inc., Defendants., United States District Court, Southern
District of Florida, FTC File No.: 042 3114, Civil Action No. 04-61467



Federal Trade Commission, Plaintiff, V. Natural Products, LLC; All Natural 4
U, LLC; and Ana M. Solkamans, United States District Court, Central District
of California, FTC File No.: 032 3238, Civil Action No. SACV04-1279 AHS MLGx



Federal Trade Commission, Plaintiff, vs. AVS Marketing, Inc., and William R.
Heid, Defendants., United States District Court for the Northern District of
Illinois, Eastern Division, FTC File No.: 042 3042, Civil Action No. 04C
6915



Federal Trade Commission, Plaintiff, vs. Bronson Partners, LLC, d/b/a New
England Diet Center, and Bronson Day Spa, and Martin Howard, Defendants.,
United States District Court, District of Connecticut, FTC File No.: 042
3115, Civil Action No. 304-CV-1866



http://www.ftc.gov/opa/2004/11/bigfatliesweep.htm


 




Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Induction and weight lifting? Comments plz Slider Low Carbohydrate Diets 9 June 18th, 2004 06:29 AM
Two Keys to Weight Loss [email protected] Low Carbohydrate Diets 0 June 3rd, 2004 08:26 PM
Study credits Weight Watchers with helping many to keep weight off Neutron General Discussion 4 May 30th, 2004 03:46 PM
Atkins Refresher - From Atkins Online Support Ropingirl Low Carbohydrate Diets 1 December 18th, 2003 09:10 PM
Intentional weight loss: patterns in the general population and its association with morbidity and mortality. NR Weightwatchers 2 November 12th, 2003 12:51 PM


All times are GMT +1. The time now is 09:27 PM.


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright ©2004-2024 WeightLossBanter.
The comments are property of their posters.