06.01.05
According to a recently released Federal Trade Commission (FTC) staff report, the number of false weight loss claims in television, radio and print advertisements for dietary supplements, topical creams and diet patches dropped from almost 50% in 2001 to 15% in 2004. The “Weight Loss Advertising Survey: 2004” showed that 5% 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. Other 2004 survey findings include: 4% of the ads contained claims that consumers who use the product could lose substantial weight while enjoying unlimited amounts of high calorie foods; 4% of the ads contained claims that weight loss would be permanent (even when the user stopped using the product); 3% of the ads contained claims that a product would cause substantial weight loss by blocking the absorption of fat or calories; 3% of the ads made claims that users could safely lose more than three pounds per week without clearly conveying the need for medical supervision.; 4% 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; and 4% of the ads stated that the product causes substantial weight loss for all users. Although the survey gave a positive report card, the FTC staff concluded that there is still work to be done. The report also provided 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 encouragement of the media to screen out clearly false weight loss advertisements.