04.29.05
According to a Federal Trade Commission staff report released recently the number of false weight-loss claims in television, radio and print advertisements for dietary supplements, topical creams and diet patches has dropped from almost 50% in 2001 to 15% in 2004. The “Weight-Loss Advertising Survey: 2004” shows that five percent of the ads contained the Red Flag claim that users could lose two pounds or more per week (over four or more weeks) without reducing caloric intake and/or increasing their physical activity. In the 2001 survey, 43% of the ads contained such claims. Four percent of the ads contained claims that consumers who use the product could lose substantial weight while enjoying unlimited amounts of high calorie foods. Four percent of the ads contained claims that weight loss would be permanent (even when the user stops using the product). Three percent of the ads contained claims that the weight-loss product would cause substantial weight loss by blocking the absorption of fat or calories. Three percent of the ads made claims that users could safely lose more than three pounds per week without clearly conveying the need for medical supervision. Four percent of the ads stated that users could lose substantial weight through use of the advertised product that is worn on the body or rubbed into the skin. Four percent of the ads stated that the product causes substantial weight loss for all users. Although the survey gives a positive report card, the FTC staff concluded that there is still work to be done. The report also provides several caveats: neither the 2001 nor the 2004 survey was designed to produce results that can be generalized to all weight-loss advertising; the absence of Red Flag claims does not mean that the advertisements contained no deceptive weight-loss claims at all; and although the results suggests that there has been significant improvement in the occurrence of Red Flag claims since 2001, they do not prove that this improvement is the result of the Red Flags initiative. Nevertheless, the FTC staff believes that report results support the FTC’s continuing to encourage the media to screen out clearly false weight-loss advertisements.