Media and Product Types

Three hundred advertisements for 218
different products or services were collected and
reviewed. A list of the products is included in
Appendix A. Table 1 identifies the number of ads
for each type of medium.21
The advertisements covered virtually every
kind of product or service imaginable. Categories
with 10 or more advertisements included: dietary
supplements (157), meal replacements (e.g., diet
shakes) (33), hypnosis (27), food (15), diet
plans/programs/diet centers (21), transdermal products (patches and creams) (11), and wraps (10).
Some ads promoted multiple products, and in some instances, it was not possible to determine the
product category based solely on the advertisement. Only about half (49%) of the advertisements
for dietary supplement or transdermal products disclosed the product’s active ingredients in the
Figure 1: Prevalence of Claims – All Media
advertisement.
Table 1: Number of Ads by Media Type
Medium Number of Ads
Newspaper/FSI 85
Magazine 68
Tabloids 19
Internet 44
Commercial email 41
Direct Mail 27
Radio 13
Broadcast 7
Infomercial 5

Analysis of Weight-loss Advertisements

 General Observations
An ad for a product made from ground-up shells of shrimps, crabs, and lobsters claims,
“Scientists dedicated years of research to come up with a high powered diet ingredient with no side
effects” and asks, “Have you ever seen an overweight fish? Or an oyster with a few pounds too
many? Everyone knows that sea animals never get fat.” A testimonial in this ad alludes to the
product’s ability to select only unwanted fat deposits: “The best thing about [the product] is that my
waist size is 3 inches smaller, now only 26 inches. And it has taken off quite some inches from my
butts [sic] (5 inches) and thighs (4 inches), my hips now measure only 35 inches. I still wear the
same bra size though. The fat has disappeared from exactly the right places.” In fact, there is no
convincing evidence that the shells of shrimps, crabs, or lobsters cause weight loss or that weight
loss can be selectively targeted to specific parts of the body.
An ad for a second product whose active ingredient is apple pectin is headlined, “LOSE UP
TO 2 POUNDS DAILY... WITHOUT DIET OR EXERCISE! I LOST 44 POUNDS IN 30
DAYS!” The ad further claims that “Apple pectin is an energized enzyme that can ingest up to 900
times its own weight in fat. That's why it's a fantastic fat blocker.” The ad claims that the product
can “eliminate fat for effortless weight loss” and that it produces the “same results as jogging 10
miles per week, an hour of aerobics per day, 15 hours of cycling or swimming per week.” In fact,
there is no known pill that will cause up to two pounds of weight loss daily (with or without diet and
exercise), and the claim of 44 pounds of weight loss in 30 days is not credible.
In an infomercial for yet another weight-loss product, a beaming spokesperson and a
purported scientific expert standing in front of a colorful pastry display assure viewers that to lose
weight while using the product, “you don’t really need any willpower. You don’t have to diet or
deprive yourself of foods in any way.” As the endorsers make these claims, the words “Call Now”
and “Risk Free,” with the telephone number to order, appear in large, yellow text on one part of the
screen on a blue background. At the same time, dim and indistinct white letters on a moving,
mottled background advise, “A healthy diet and exercise are required to lose weight.”
The world of weight-loss advertising is a virtual fantasy land where pounds “melt away”
while “you continue to eat your favorite foods”; “amazing pills . . . seek and destroy enemy fat”;
researchers at a German university discover the “amazing weight loss properties” of asparagus; and
the weight-loss efficacy of another product is comparable to “running a 20 mile marathon while you
sleep.” It’s a world where, in spite of prevailing scientific opinion, no sacrifice is required to lose
weight (“You don’t change your eating habits and still lose weight”). Quick results are the
(promised) norm ("The diet works three times faster than FASTING itself!"). You can learn how to
lose weight with "No exercise. No drugs. No pills. And eat as much as you want – the more you
eat, the more you lose." There is no need to worry because the products are “safe,” “risk free,”
and/or “natural,” and some marketers are so concerned for your safety that they warn you to cut
back if you lose too much weight (“If you begin to lose weight too quickly, take a few days off!!!”).
You can always get your money back because so many of these “amazing” products are
“guaranteed” (“. . .we’ll give you your money back. Straight away. No questions asked”).
And for those who remain skeptical, there is an answer. The products are backed by
“clinical studies” or are “clinically tested” (“Clinical and laboratory tests at leading universities and
hospitals, have proven that this product is effective”). Even if they do not purport to be clinically
proven, many claim to be the product of years of scientific research (“Scientists dedicated years of
research to come up with a high powered diet ingredient with no side effects”) or are “doctor
recommended.”
Moreover, according to many of the ads, you can “stay slim forever” because the weight
loss is “permanent” (“I can still eat whatever I want without any danger of gaining the weight
back.”). Finally, you can say good-bye to the
failure syndrome because no matter how many
times you’ve tried to lose weight in the past, the
product will give you the “secret to lasting weight
loss success.”

Weight Loss: A Multi-Billion Dollar Industry

Weight Loss: A Multi-Billion Dollar Industry
More than two thirds of American adults are trying either to lose weight or to forestall
weight gain, according to a 1996 survey of 107,000 people by the Centers for Disease Control and
Prevention (“CDC”)The nearly 29 percent of men and 44 percent of women who are trying to
lose weight (an estimated 68 million American adults) comprise a huge potential market for sellers
of weight-loss products and services. No wonder overall sales in the weight-loss/weight-control
industry are burgeoning. According to an article in the Atlanta Business Chronicle, consumers
spent an estimated $34.7 billion in 2000 on weight-loss products and programs.This figure
includes sales of books, videos, and tapes, low-calorie foods and drinks, sugar substitutes, meal
replacements, prescription drugs, over-the-counter drugs, dietary supplements, medical treatments,
commercial weight-loss chains, and other products or services related to weight-loss or weightmaintenance.
Although total sales information is not available, the figures that are available are impressively
large. For example, year 2000 sales for the eight largest weight-loss chains totaled $788 million,
and sales for dietary supplements that purport to promote weight loss accounted for $279 million in
retail outlets alone. In a report from the Business Communications Company based on 1999
figures, total sales for weight-loss supplements were estimated at $4.6 billion. This corresponds
with estimates from the CDC, based on a five-state random-digit telephone survey, that 7% of the
adult population used one or more non-prescription weight-loss products during 1996 through
1998.14 The authors extrapolate from this survey that an estimated 17.2 million Americans used

nonprescription weight-loss products during this time period.
The amount of total sales for unproven or worthless products is not known, but it is
substantial. Infomercials, direct mail advertising, and free-standing inserts can generate tens of
millions of dollars in sales within a short period of time for a single product, and, as this report
demonstrates, there are hundreds, perhaps even thousands, of weight-loss products on the market.
These forms of saturation advertising do not require high response rates to be highly profitable. As
an example of the prevalence of hard-sell marketing for non-prescription weight-loss products,
spending on infomercials (usually 30-minute to an hour programs pitching products for direct sale via
telephone call-ins) for weight-loss and nutrition products exceeded $107 million in 1999.The
alarming increase in overweight and obesity combined with marketers’ easy access to mass media
outlets makes the business of weight loss a booming enterprise.

The Role of Advertising for Weight-loss Products and Services

As noted above, consumers may choose from a myriad of weight-loss products and
services. Consumers make their selections based, in part, on advertising. Advertising that presents
false or misleading information may distort consumer decision making. Even more troubling, if the
entire field of weight-loss advertising is subject to wide-spread deception, then advertising loses its
important role in the efficient allocation of resources in a free-market economy. If the purveyors of
the “fast and easy fixes” drive the marketplace, then others may feel compelled to follow suit or risk
losing market share to the hucksters who promise the impossible. Public health suffers as well. The
deceptive promotion of quick and easy weight-loss solutions potentially fuels unrealistic expectations
on the part of consumers. Consumers who believe that it is really possible to lose a pound a day
may quickly lose interest in losing a pound or less a week.
C. Weight Loss: A Multi-Billion Dollar Industry
More than two thirds of American adults are trying either to lose weight or to forestall
weight gain, according to a 1996 survey of 107,000 people by the Centers for Disease Control and
Prevention (“CDC”). The nearly 29 percent of men and 44 percent of women who are trying to
lose weight (an estimated 68 million American adults) comprise a huge potential market for sellers
of weight-loss products and services. No wonder overall sales in the weight-loss/weight-control
industry are burgeoning. According to an article in the Atlanta Business Chronicle, consumers
spent an estimated $34.7 billion in 2000 on weight-loss products and programs. This figure includes sales of books, videos, and tapes, low-calorie foods and drinks, sugar substitutes, meal replacements, prescription drugs, over-the-counter drugs, dietary supplements, medical treatments,
commercial weight-loss chains, and other products or services related to weight-loss or weight maintenance.
Although total sales information is not available, the figures that are available are impressively
large. For example, year 2000 sales for the eight largest weight-loss chains totaled $788 million,
and sales for dietary supplements that purport to promote weight loss accounted for $279 million in
retail outlets alone.12 In a report from the Business Communications Company based on 1999
figures, total sales for weight-loss supplements were estimated at $4.6 billion. This corresponds
with estimates from the CDC, based on a five-state random-digit telephone survey, that 7% of the
adult population used one or more non-prescription weight-loss products during 1996 through
1998.14 The authors extrapolate from this survey that an estimated 17.2 million Americans used

nonprescription weight-loss products during this time period.
The amount of total sales for unproven or worthless products is not known, but it is substantial. Infomercials, direct mail advertising, and free-standing inserts can generate tens of millions of dollars in sales within a short period of time for a single product, and, as this report demonstrates, there are hundreds, perhaps even thousands, of weight-loss products on the market.
These forms of saturation advertising do not require high response rates to be highly profitable. As
an example of the prevalence of hard-sell marketing for non-prescription weight-loss products,
spending on infomercials (usually 30-minute to an hour programs pitching products for direct sale via
telephone call-ins) for weight-loss and nutrition products exceeded $107 million in 1999.16 The
alarming increase in overweight and obesity combined with marketers’ easy access to mass media
outlets makes the business of weight loss a booming enterprise.