A Never-Ending Quest for Easy Solutions

 An Overview
A Never-Ending Quest for Easy Solutions
Since at least 1900, American consumers have been searching for a safe and effective way
to lose weight. As a nation, it has been a losing battle. Overweight and obesity have reached
epidemic proportions. An estimated 61 percent of U.S. adults are overweight or obese, and the
trend is in the wrong direction.2 Overweight and obesity constitute the second leading cause of
preventable death, after smoking, resulting in an estimated 300,000 deaths per year at a cost (direct
and indirect) that exceeds $100 billion a year.
The struggle to shed unwanted pounds usually resolves itself into choosing between
responsible products or programs that offer methods for achieving moderate weight loss over time
and “miracle” products or services that promise fast and easy weight loss without sacrifice. Over
the course of the last century, popular weight-loss methods have included: prescription and overthe-
counter drugs and dietary supplements; surgical procedures such as gastro-intestinal bypass
surgery, gastroplasty (stomach stapling), and jaw wiring; the television shows of motivational weightloss
gurus; commercial weight-loss centers; commercial diet drinks; doctor-supervised very-lowcalorie
diets, complete with their own vitamin shots, fiber cookies, and drinks; the development of
fat-free, low-fat, fake-fat, and sugar-free foods; weight-loss support groups; exercise trends such as
aerobics and body building; and cellulite creams.
Almost all weight-loss experts agree that the key to long-term weight management lies in
permanent lifestyle changes that include, among other things, a nutritious diet at a moderate caloric
level and regular physical exercise. Nevertheless, advertisements for weight-loss products and
services saturate the marketplace, with many promising instantaneous success without the need to
reduce caloric intake or increase physical activity.
This is not a new phenomenon. In the last 100 years, various types of weight loss products
and programs have gained and lost popularity, ranging from the ludicrous – diet bath powders,
soaps, and shoe inserts – to the dangerous, such as the fen/phen diet pill combination. Around the
1900s, popular weight-loss drugs included animal-derived thyroid, laxatives, and the poisons arsenic
and strychnine; eventually each was shown to cause weight loss only temporarily, and usually to be
unsafe to use. In the 1930s, doctors prescribed dinitrophenol, a synthetic insecticide and herbicide
that increases human metabolism so drastically that organs fail, causing blindness and other health
problems. The hormone human chorionic gonadotropin (HCG) became popular in the 1950s for
weight loss, and resurfaced recently, even though the FDA exposed it decades ago as effective only
to treat Fröhlich’s Syndrome, a particular genetic imbalance occurring only in boys.
The 1990s saw an explosion in dietary supplement marketing, many of which are of
unproven value and/or have been linked to serious health risks.As discussed in this report, the

Federal Trade Commission has brought numerous cases against the advertisers of weight-loss
supplements for making false or misleading advertising claims. Other products may raise serious
safety concerns. For example, experts, including the American Medical Association, have raised
concerns about the safety of ephedra, a popular diet pill ingredient, and Health Canada recently
warned Canadian citizens against using ephedra for dieting because of its dangerous propensities.

30 second deprogram.

Historical Comparison

Historical Comparison. To develop a perspective on how weight-loss advertising has
changed over time, this report also compares advertisements appearing in a sample of magazines
published in 2001 with ads in the same magazines in 1992. Compared to 1992, readers in 2001
saw more diet ads, more often, and for more products. Specifically,
. The frequency of weight-loss advertisements in these magazines more than doubled,
and
. The number of separate and distinct advertisements tripled.
Moreover, the type of weight-loss products and services advertised dramatically shifted from “meal
replacements” (57%), in 1992 to dietary supplements (66%), in 2001. Meal replacement products
typically facilitate the reduction of caloric intake by replacing high-calorie foods with lower-calorie substitutes, whereas dietary supplements are commonly marketed (55%) with claims that reducing
caloric intake or increasing physical activity is unnecessary.
The considerable changes in the methods used to promote weight-loss products are the
most revealing indication of the downward spiral to deception in weight-loss advertising. The 2001
advertisements were much more likely than the 1992 ads to use dramatic consumer testimonials and
before-and-after photos, promise permanent weight loss, guarantee weight-loss success, claim that
weight loss can be achieved without diet or exercise, claim that results can be achieved quickly,
claim that the product is all natural, and make express or implied claims that the product is safe.
Finally, although both the 1992 and 2001 examples include unobjectionable representations, as well
as almost certainly false claims, the 2001 advertisements appear much more likely to make specific
performance promises that are misleading.
Conclusion. The use of false or misleading claims in weight-loss advertising is rampant.
Nearly 40% of the ads in our sample made at least one representation that almost certainly is false
and 55% of the ads made at least one representation that is very likely to be false or, at the very
least, lacks adequate substantiation. The proliferation of such ads has proceeded in the face of, and
in spite of, an unprecedented level of FTC enforcement activity, including the filing of more than 80
cases during the last decade. The need for critical evaluation seems readily apparent. Government
agencies with oversight over weight-loss advertising must continually reassess the effectiveness of
enforcement and consumer and business education strategies. Trade associations and self regulatory
groups must do a better job of educating their members about standards for truthful
advertising and enforcing those standards. The media must be encouraged to adopt meaningful
clearance standards that weed out facially deceptive or misleading weight-loss claims. The past
efforts of the FTC and the others to encourage the adoption of media screening standards have been
largely unsuccessful. Nevertheless, as this report demonstrates, the adoption and enforcement of
standards would reduce the amount of blatantly deceptive advertising disseminated to consumers
and efforts to encourage the adoption of such standards should continue. Finally, individual
consumers must become more knowledgeable about the importance of achieving and maintaining
healthy weight, more informed about how to shop for weight-loss products and services, and more
skeptical of ads promising quick-fixes.

Celery to lose weight

Craving Celery

Weight Loss Study (continued)

Rapid Weight-loss Claims. Rapid weight-loss claims were made in 57% of the
advertisements in the sample. In some cases, the falsity of such claims is obvious, as in the ad that
claimed that users could lose up to 8 to 10 pounds per week while using the advertised product.

No Diet or Exercise Required. Despite the well-accepted prescription of diet and
exercise for successful weight management, 42% of all of the ads reviewed promote an array of
quick-fix pills, patches, potions, and programs for effortless weight loss and 64% of those ads also
promised fast results. The ads claim that results can be achieved without reducing caloric intake or
increasing physical activity. Some even go so far as to tell consumers “you can eat as much as you
want and still lose weight.”

Long-term/Permanent Weight-loss Claims. “Take it off and keep it off” (longterm/permanent weight loss) claims were used in 41% of the ads in the sample. In fact, the publiclyix
available scientific research contains very little that would substantiate long-term or permanent
weight-loss claims for most of today’s popular diet products. Accordingly, long-term or permanent
weight-loss claims are inherently suspect.

Clinically Proven/Doctor Approved Claims. Clinically proven and doctor approved
claims are also fairly common in weight-loss advertisements, the former occurring in 40% and the
latter in 25% of the ads in the sample. Some of the specific claims are virtually meaningless. For
example, a representation such as, “Clinical studies show people lost 300% more weight even
without dieting,” may cause consumers to conclude mistakenly that the clinically proven benefits are
substantial, whereas, in fact, the difference between use of the product and dieting alone could be
quite small (1.5 lbs. vs. .5 lbs.). These claims do little to inform consumers and most ads fail to
provide consumers with sufficient information to allow them to verify the advertisers’
representations. Moreover, the Federal Trade Commission, in past law enforcement actions, has
evaluated the available scientific evidence for many of the ingredients expressly advertised as
clinically proven, and challenged the weight-loss efficacy claims for these ingredients.
Natural/Safe Weight-loss Claims. Safety claims are also prevalent in weight-loss
advertising. Nearly half of all the ads in the sample (42%) contained specific claims that the
advertised products or services are safe and 71% of those ads also claimed that the products were
“all natural.”
Safety claims can be difficult to evaluate, especially when so many ads fail to disclose the
active ingredients in the product. On the other hand, some advertisements disclose ingredients, e.g.,
ephedra alkaloids, that make unqualified safety claims misleading. Nevertheless, marketers in almost
half (48%) of the ads that identified ephedra as a product ingredient made safety claims. Only 30%
of the ads that identified ephedra as an ingredient included a specific health warning about its
potential adverse effects.

Consumer Testimonials; Before/After Photos.

The headline proclaimed: “I lost 46 lbs
in 30 days.” Another blared, “How I lost 54 pounds without dieting or medication in less than 6
weeks!” The use of consumer testimonials is pervasive in weight-loss advertising. One hundred and
ninety-five (65%) of the advertisements in the sample used consumer testimonials and 42%
contained before-and-after pictures. These testimonials and photos rarely portrayed realistic weight
loss. The average for the largest amount of weight loss reported in each of the 195 advertisements
was 71 pounds. Fifty-seven ads reported weight loss exceeding 70 pounds, and 38 ads reported
weight loss exceeding 100 pounds. The advertised weight loss ranges are, in all likelihood, simply
not achievable for the products being promoted. Thirty-six ads used 71 different testimonials
claiming weight loss of nearly a pound a day for time periods of 13 days or more.

Empower yourself to eat healthy and lose weight.

WEIGHT-LOSS ADVERTISING: An Analysis of Current Trends

Executive Summary
This report attempts to take a comprehensive look at weight loss advertising. The need to
do so is compelling. In the last decade, the number of FTC law enforcement cases involving weight
loss products or services equaled those filed in the previous seven decades. Consumers spend
billions of dollars a year on weight loss products and services, money wasted if spent on worthless
remedies. This report highlights the scope of the problem facing consumers as they consider the
thousands of purported remedies on the market, as well as the serious challenge facing law
enforcement agencies attempting to prevent deceptive advertising.
According to the U.S. Surgeon General, overweight and obesity have reached epidemic
proportions, afflicting 6 out of every 10 Americans. Overweight and obesity constitute the second
leading cause of preventable death, after smoking, resulting in an estimated 300,000 deaths per
year. The costs, direct and indirect, associated with overweight and obesity are estimated to exceed
$100 billion a year.
At the same time, survey data suggest that millions of Americans are trying to lose weight.
The marketplace has responded with a proliferating array of products and services, many promising
miraculous, quick-fix remedies. Tens of millions of consumers have turned to over-the-counter
remedies, spending billions of dollars on products and services that purport to promote weight loss.
In the end, these quick-fixes do nothing to address the nation’s or the individual’s weight problem,
and, if anything, may contribute to an already serious health crisis.
Once the province of supermarket tabloids and the back sections of certain magazines,
over-the-top weight loss advertisements promising quick, easy weight loss are now pervasive in
almost all media forms. At least that is the impression. But are the obviously deceptive
advertisements really as widespread as they might appear watching late night television or leafing
through magazines at the local newsstand? To answer this and other questions, we collected and
analyzed a nonrandom sample of 300 advertisements, mostly disseminated during the first half of
2001, from broadcast and cable television, infomercials, radio, magazines, newspapers,
supermarket tabloids, direct mail, commercial e-mail (spam), and Internet websites. In addition, to
evaluate how weight-loss advertising has changed over the past decade, we collected ads
disseminated in 1992 in eight national magazines to compare with ads appearing in 2001 in the same
publications.
We conclude that false or misleading claims are common in weight-loss advertising, and,
based on our comparison of 1992 magazine ads with magazines ads for 2001, the number of
products and the amount of advertising, much of it deceptive, appears to have increased
dramatically over the last decade.
Of particular concern in ads in 2001 are grossly exaggerated or clearly unsubstantiated
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performance claims. Although we did not evaluate the substantiation for specific products and
advertising claims as part of this report, many of the claims we reviewed are so contrary to existing
scientific evidence, or so clearly unsupported by the available evidence, that there is little doubt that
they are false or deceptive. In addition to the obviously false claims, many other advertisements
contain claims that appear likely to be misleading or unsubstantiated.
Falling into the too-good-to-be-true category are claims that: the user can lose a pound a
day or more over extended periods of time; that substantial weight loss (without surgery) can be
achieved without diet or exercise; and that users can lose weight regardless of how much they eat.
Also falling into this category are claims that a diet pill can cause weight loss in selective parts of the
body or block absorption of all fat in the diet. These types of claims are simply inconsistent with
existing scientific knowledge.
This report catalogues the most common marketing techniques used in 300 weight loss
advertisements. Nearly all of the ads reviewed used at least one and sometimes several of the
following techniques, many of which should raise red flags about the veracity of the claims.

US Government Research on the Weight Loss Industry

George L. Blackburn, M.D., Ph.D.
As health care professionals, we are concerned about the epidemic of obesity: the relations
between excess body weight and such medical conditions as cardiovascular disease, hypertension,
type 2 diabetes, osteoarthritis, sleep apnea, and certain cancers (such as breast, ovarian, prostate
and colon) are well established. We are equally concerned about false and misleading claims in the
advertising of weight loss products and services. Many promise immediate success without the need
to reduce caloric intake or increase physical activity. The use of deceptive, false, or misleading
claims in weight loss advertising is rampant and potentially dangerous. Many supplements, in
particular, are of unproven value or have been linked to serious health risks.
A majority of adults in the United States are overweight or obese. All told, they invest over
$30 billion a year in weight loss products and services. These consumers are entitled to accurate,
reliable, and clearly-stated information on methods for weight management. They have a right to
know if the weight loss products they're buying are helpful, useless, or even dangerous.
For this reason, the staff of the Bureau of Consumer Protection, Federal Trade Commission
(FTC), joined with the Partnership for Healthy Weight Management–a coalition of representatives
from science, academia, the health care professions, government agencies, commercial enterprises,
and public interest organizations--to collect and analyze weight loss advertising. The Partnership's
purpose is to promote sound guidance to the general public on strategies for achieving and
maintaining a healthy weight. This report by the FTC staff is a major advance in that direction.
Evidence-based guidelines issued by the National Institutes of Health call for weight loss by
simultaneously restricting caloric intake and increasing physical activity. Many studies demonstrate
that obese adults can lose about 1 lb. per week and achieve a 5% to 15% weight loss by consuming
500 to 1,000 calories a day less than the caloric intake required for the maintenance of their current
weight. Very low calorie diets result in faster weight loss, but lower rates of long-term success.
While exercise added to caloric restriction can help overweight and obese people achieve
minimally faster weight loss early on, physical activity appears to be a very important treatment
component for long-term maintenance of a reduced body weight. To lose weight and not regain it,
ongoing changes in thinking, eating, and exercise are essential. Behavioral treatments that motivate
therapeutic lifestyle changes can promote long-term success by helping obese individuals make
necessary cognitive and lifestyle changes.
 The public often perceives weight losses of 5% to 15% as small and insufficient even though
they suffice to prevent and improve many of the medical problems associated with weight gain,v
overeating, and a sedentary lifestyle. Many in the weight loss industry promise effortless, fast weight
loss, then support this misperception by bombarding Americans with spurious advertising messages
touting physiologically impossible weight loss outcomes from the use of unproven products and
services. All advertisers, whatever their choice of media--cable television, infomercials, radio,
magazines, newspapers, supermarket tabloids, direct mail, or commercial e-mail and Internet
websites--know that only those products and services that help people adopt lifestyles that balance
caloric intake with caloric output will prevent and treat the disease of obesity.
 For certain businesses (weight loss franchises, pharmaceutical firms, food companies, the dietbook industry, makers of exercise equipment, suppliers of dietary supplements, to name a few)
these deceptive and misleading advertisements prevent the public from hearing their messages,
words that promote therapeutic lifestyle changes as advocated by professional societies and the
U.S. Department of Health and Human Services. Data indicate that at any given time, almost 70
million Americans are trying to lose weight or prevent weight gain. In 2000 they spent
approximately $35 billion on products they were told would help them achieve those objectives--
videos, tapes, books, medications, foods for special dietary purpose, dietary supplements, medical
treatments, and other related goods and services.
As with cigarette smoking and alcohol abuse, false or deceptive advertising of weight loss
products and services puts people at risk. Many of the products and programs most heavily
advertised are at best unproven and at worst unsafe. By promoting unrealistic expectations and
false hopes, they doom current weight loss efforts to failure, and make future attempts less likely to
succeed. In the absence of laws and regulations to protect the public against dangerous or
misleading products, a priority exists for the media to willingly ascribe to the highest advertising
standards, i.e., those that reject the creation and acceptance of advertisements that contain false or
misleading weight loss claims.
The public would be well served by becoming more knowledgeable about the evidencebased guidelines, the scientifically-proven and medically-safe standards that underlie national public
health policy. When more people know what's important and realistic in achieving and maintaining a
healthy body weight, fewer will be inclined to waste their money, time, and effort on dangerous fads
or miracle cures. The staff of the FTC’s Bureau of Consumer Protection has provided an analysis
of current trends in weight loss advertising. It is now up to the consumer and media to act in the
best interest of the public health.
George L. Blackburn, M.D., Ph.D.
S. Daniel Abraham Chair in Nutrition Medicine
Harvard Medical School, Boston, MA
Past President of The American Society for Clinical Nutrition,
North American Association for the Study of Obesity, and the

30 second healthy eating and weight loss excercise.

Watching this 30 second video twice a day makes me crave the taste of celery more than fried foods.