FTC Accelerates Crackdown on Weight-Loss Claims

As part of an initiative targeting unsubstantiated claims by weight-loss marketers touting food additives, skin cream and dietary supplements, FTC early this year announced roughly $34 million in payments that defendants agreed to render to compensate consumers.

Josh Long, Associate editorial director, SupplySide Supplement Journal

June 30, 2014

1 Min Read
FTC Accelerates Crackdown on Weight-Loss Claims

The FTC is not taking its foot off the gas in its ongoing effort to crack down on unfounded weight-loss claims. Just a week into 2014, the agency announced the second-biggest deceptive advertising settlement in its history as part of “Operation Failed Resolution.”

As part of the initiative targeting unsubstantiated claims by weight-loss marketers touting food additives, skin cream and dietary supplements, FTC announced roughly $34 million in payments that defendants agreed to render to compensate consumers.

The marketers of the powdered food additive Sensa agreed to return US $26.5 million to consumers. That is $13.5 million shy of the whopping $40 million Sketchers USA Inc. agreed to pay in 2012 to settle allegedly deceptive claims that its Shape-Ups shoes would help individuals shed weight, and strengthen and tone their abdominal muscles, buttocks and legs.

Marketers of weight-loss products should keep in mind that advertising claims must be truthful, not misleading, and backed by competent and reliable scientific evidence.

The FTC will perceive claims of losing weight without diet or exercise with increased skepticism, dietary supplement lawyer Justin Prochnow has cautioned clients. The same goes for claims touting a product as a ‘magic’ or ‘miracle pill,’” he said.

Get more information in the INSIDER Digital Issue, “Weighing In.”

About the Author

Josh Long

Associate editorial director, SupplySide Supplement Journal , Informa Markets Health and Nutrition

Josh Long directs the online news, feature and op-ed coverage at SupplySide Supplement Journal (formerly known as Natural Products Insider), which targets the health and wellness industry. He has been reporting on developments in the dietary supplement industry for over a decade, with a focus on regulatory issues, including at the Food and Drug Administration.

He has moderated and/or presented at industry trade shows, including SupplySide East, SupplySide West, Natural Products Expo West, NBJ Summit and the annual Dietary Supplement Regulatory Summit.

Connect with Josh on LinkedIn and ping him with story ideas at [email protected]

Education and previous experience

Josh majored in journalism and graduated from Arizona State University the same year "Jake the Snake" Plummer led the Sun Devils to the Rose Bowl against the Ohio State Buckeyes. He also holds a J.D. from the University of Wyoming College of Law, was admitted in 2008 to practice law in the state of Colorado and spent a year clerking for a state district court judge.

Over more than a quarter century, he’s written on various topics for newspapers and business-to-business publications – from the Yavapai in Arizona and a controversial plan for a nuclear-waste incinerator in Idaho to nuanced issues, including FDA enforcement of the Dietary Supplement Health and Education Act of 1994 (DSHEA).

Since the late 1990s, his articles have been published in a variety of media, including but not limited to, the Cape Cod Times (in Massachusetts), Sedona Red Rock News (in Arizona), Denver Post (in Colorado), Casper Star-Tribune (in Wyoming), now-defunct Jackson Hole Guide (in Wyoming), Colorado Lawyer (published by the Colorado Bar Association) and Nutrition Business Journal.

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