Deception in Weight Loss Advertisements

Through out the nineteenth and early twentieth century the world came under the assault of deceptive advertising for useless products on a scale that had yet to have been matched. I’m talking of course about the ‘miracle elixirs’ which lined the shelves of drug stores in America. Tonics and creams were often advertised as multipurpose cure-alls. The closest truth of this time period were the advertisements which claimed the product to be a relaxants. For example in one advertisement for Vin Mariani, a wine which contained cocaine, the product was said to be “unequaled as a tonic-stimulant for fatigued and over weak body and brain.” Today we would find it both shocking and ridiculous for someone to present a product such as medicine. It would almost be like a doctor diagnosing you with the flu and telling you to drink a bottle of Jack Daniel’s. One would think that we’ve progressively learned as a whole to avoid deceptive advertising, and have taken measures under the law to protect society from the dubiousness of companies selling sugar water and promising outlandish results. But have we?

It’s three thirty in the morning and you’re unable to sleep so you sneak down stairs for a late night snack and a little boob tube. While munching on a bag of potato chips you begin to flip through the channel. You land on a channel where a muscular and beautifully fit woman is standing in front of an a) exercise contraption, b) a set of exercise videos/DVDs, or c) bottles of miracle supplements and pills. As you crunch those chips this godess of physical health tells you that she ‘used to be terribly over weight, over eating, eating late at night just like you!’ As she speaks you stop and look at your creasy hands, covered in potato chip crumbs and begin to listen closely as she says ‘but then I found this product and it changed my life.’ Soon your seeing images of before photos of over weight people side by side with there after photo where they’ve lost anywhere from 15 to 80 pounds by using the product. As you look down at your belly you think ‘ I need that product.’ That’s when the commercial voice over tells you ‘For only twelve easy payments of $19.99 you can own our product.’Call now and try it in home for three months free! Just pay shipping and handling.’ Of course you reach over and dial the phone and order the product because you too could lose 15-80 pounds and look like those beautiful people on television, and who wouldn’t want to?

According to the American Obesity Association 64.5 percent of U.S. adults, age 20 years and older, are overweight and 30.5 percent are obese. Severe obesity has hit an all time high of 4.7 percent, up from 2.9 percent reported in the 1988 – 1994 National Health and Nutrition Examination Survey” by the CDC. (www.obesity.org/subs/fastfacts/obesity_US.shtml). With such high statistics of overweight Americans it isn’t surprising that in 2004 the weight loss industry, both products or services, raked in more than $46.3 billion and is “forecast to reach $61 billion by 2008” (http://www.newstarget.com/006133.html).

THE FACTS

It’s not a secret that the weight loss industry as a whole has traditionally used deceptive advertising practices for products wich either do not work or do not deliver the level of results promised. This industry has been investigated for fraudulent claims by countless governmental and non-governmental agencies and watch dog groups, particularly the Federal Trade Commission which has been studying and cracking down on the deceptive advertising methods used by the industry.

In September 2001 the Federal Trade Commission conducted a nonscientific survey of weight loss advertising, throughout the media, in which they conducted analysis of the claims and techniques used in 300 different ads for 218 products and services.

The report claims that “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 least lacks adequate substantiation.”

The report also speaks about the shift in weight loss advertising in terms of product from 1992 till 2001. According to the report the type of products advertised shifted from meal replacements which accounted for 57% in 1992, to dietary supplements which represented 66% of the market in 2001. 55% of the dietary supplement ads made claims that the product would provide results with out the decrease of caloric intake or increase in exercise.

Following the report the FTC under took several measures to address this issue, including a 2002 workshop where members of the scientific community, the media and the weight loss industry came together to discuss ways in which they could take leadership roles in reducing the spread of deceptive practices and fraudulent claims.

Another major project was the development of several web pages and a web site to spread the word to the public about what to look for as tell tale signs of deceptive ads. The FTC run webmarket4u.net is the home site for a fake weight loss product, ‘Fat Foe: Eggplant extract.” On the site they use all of the main common place deceptions that we as a society are used to seeing in these types of ads. If you click on any of the links on the home page you are brought to a screen which out lines these false statements and why they are false.

The seven commonly used false claims (and the reasons they are false) as out lined by the FTC are as follows:

1) you can eat all your favorite high -calorie foods and still lose weight by using a product.
To lose weight you have to reduce the amount of high calorie foods you eat
2) you can use a product to lose weight with out diet or exercise.
To lose weight you must burn up more calories than you eat meaning that to lose weight you must reduce caloric intake and increase physical activity.
3) a product can block the absorbtions of fat, carbs or calories.
There is no product on the market that is proven to help you lose weight in that way.
4) a product can make you lose more than 3 pounds per week.
Healthy long term weight loss takes time. Experts agree that to lose weight and keep it off the magic number is about 1lb a week.
5) a product will work for everyone
Everyone’s physical make up and genetics differ, no product can work for everyone.
6) a product will cause you to lose weight permanently.
The only way to keep weight off once it is lost is to maintain an exercise routine and healthy diet.
7) that by wearing a product such as a patch, cream or gel it will help you lose weight.
Nothing that is worn on the skin has been proven effective for weight loss.

DETRIMENTAL EFFECTS ON INDIVIDUALS AND SOCIETY

The main concern over the deceptive techniques used by the weight loss industry is far from being a financial one. In the forefront is the public health concerns that arise is that false promises and junk products distract over weight and obese people from truly doing what will help their physical health; reduce their caloric intake (stricter diet) , and increase physical activity (exercise).

Many of the advertisements omit the fact that their product should be used in conjunction with a stricter diet and exercise schedule. In fact many of the products do not do so because their manufacturers know that if the customer or potential customer dieted and exercised they would not need their product. These manufacturers and the advertisers they employ also know that people want something easy that they can do to change their lives with minimal effort. People are desperate for the patch that blocks fat while they eat greasy fried chicken. It allows them to fully enjoy things which are unhealthy for them and gives them hope to become healthier at the same time.

Obesity is not to be taken lightly. It is not a matter of being unattractive, or socially unaccented. Obesity increases the risk of many diseases, cause many complications, and can lower the life span of a person considerably.

Similarly obese people suffer poorer mental health because of the social stigma placed upon them by society as a whole. Magazines, books, films and television embraces the thin body as a thing of beauty and frowns upon those who do not exemplify that image. This increases rates of depression (a major contributing factor to binge and over eating) as well as provides these individuals with a poor self image.

Another major factor is the products themselves. Weight loss products such as pill supplements, are not subjected to approval by the food and drug administration. These products, having not been proven to be effective, pales in comparisons to the hidden dangers of untested and possibly unsafe substances contained in these products. In the past few years many products have been pulled from the market for containing chemicals which were later proven to be harmful. A prime example of this is the drug effedra which was popular in the use of many diet pills. The FDA ruled in 2004 that efedra increased the risk of heart attack and stroke and was therefore unsafe for use in dietary pills. Ironically many of the deceptive advertisements seen today use the phrase “effedra free” to indicate that the product is safe.

Finally the economic factor does come into play. Deceptive weight loss advertising is in many ways amount to robbery. The sale of ineffective product which do not live up to the claims made in their advertisements cause millions of people to part with hard earned money in the hopes that they will be able to obtain the healthier, beautiful body which the so desire to have. This is harmful to society because often these products and services are expensive and it can take months for consumers to realize they have been duped..

PROGRESS

Over the last fifteen years programs such as the 2004 “Big Fat Lie” campain in which the FTC targeted weight loss companies which continually make false claims with in their ads have helped to squash a major portion of these deceptive practices.

Since 1990 the FTC has brought more than 80 cases against advertisers and the companies they represent for allegedly false and misleading claims. One recent case was brought against the California based Natural Product, maker of Bio Trim weight loss supplement. Among the charges were the false claims that Bio trim guaranteed rapid weight loss while the consumer could eat all they want of any foods that they want and still lose weight.

Because of this case Natural Products can no longer claim that any weight loss product causes substantial weight loss while eating unlimited quantities of food, causes weight loss through the blocking of fat and calorie absorption, and will work for all users. A judgment of 2.1 million dollars in consumer damages was also awarded however it was later suspended because of inability to pay.

According to an April 2005 staff report from the FTC, the percentage of false claims made with in the weight loss industry has made a significant drop. According to the report the percent has dropped from 50% overall in 2001 to 15% over all in 2004.

MY TAKE

For my own analysis of the weight loss industries current advertising, and the deception found with in I studied four advertisements which show clear deceptions. The advertisements were for Power Pops, the Nexagen Power Patch, the trim patch, and Trim Spa.

To begin, the most absurd (and my favorite) of the product advertisements that I have analyzed is for Power Pops, a lollipop that is described as having weight loss and energy boosting properties.

In big bold letters across the top it reads “EAT CANDY & LOSE WEIGHT.” Just think about that phrase a moment. Anyone who is desperate to lose weight but has a problem committing to the physical activity and health conscious diet choices needed to truly lose weight will most likely, at the very least, read the rest of the advertisement out of curiosity. This advertisement exploits the weaknesses and desperation of people who truly need a more disciplined life style in order to help them selves.

In addition the the catching tag line, the product includes a picture of delicious looking lollipops and a listing of the nine differing flavors which are available. Interestingly the lollipops look like and come in the same variety of flavors as the lollypops used as a fundraiser in some high schools. This fact makes me more than skeptical of their effectiveness. I would be willing to bet that the high school pops and the power pops are one and the same.

Both the Nexagen Power Patch and the Trim Patch ads claim that you can use their respective patch to lose weight with out special foods or a change in diet.

In the Power Patch ad is proclaims “No Diets” and “No special foods” and promises “Curb craving, Boost Energy, Lose Weight & inches, Enhance Lean Muscle Mass, Burn Fats.”
Going strictly by the FTC guidelines in recognizing false claims this advertisement has several red flags. First and foremost it is a patch, worn on the skin and as we know there is no provenly effective product worn on the skin that will cause you to lose weight. Secondly the ad claims that you do not need to diet, or eat “special foods.” As we have learned one of the two main staples of effective weight loss is to decrease caloric intake, meaning that the claims that you do not need to diet or eat lower calorie foods (“special foods”) is, at best, most likely false. Thirdly, the potential customer is lead to believe that the product will ” Burn Fats.” It is a ridiculous claim because fat is burned only through physical activity.

Finally in terms of deceptive ads, the Trim patch advertisement is at best, uninformative. It is primarily visual with no information about the product given except the phrase “Amazing New Weight Loss Patch.” The ad shows a cropped photo of a woman with an apparently nice stomach measuring her waist line.

Normally when advertising a product an advertiser tries to jam pack the piece with as much possessive information as possible. Things such as how it works, why it works, and what the effective ingredient(s) are. There is none of that in this piece, making it seem more than sketchy and unlikely to work. The only provable false claim made is that a patch will make you lose weight.

It is hard to believe the facts of the 2004 FTC report which show that deceptive practices in weight loss advertising is down 35% since the 2000 report. However it is evident that some improvement has occurred in the industry.

There is one specific Trimspa television commercial which exemplifies a change in the way weight loss ads present their facts. In the commercial Anna Nicole Smith is compared side by side with her current form and clips from “The Anna Nicole Smith Show” ( a now defunct reality t.v. show). The clips show a clear difference in her body size and we as viewers are to assume it is because she has been using Trim Spa.

One of the common deceptive practices in these commercials is the use of such “before and after” photos. Many times the “before” photos are very old and have been taken when the person has been on medication which make them gain weight or retain water, or is in mid-full term pregnancy. The before photo’s used in this trim spa commercial are clearly dated showing that the before clips were taken in 2002 while the after were taken in 2005. This lets the viewers know that these photos are quite a few years apart and that she had been that much heavier before going on trim spa, but was not necessarily that heavy when she began using the supplement. It also warns the viewers that the results are not typical results and that the product has not been tested and/or approved by the FDA.

CONCLUSION

As we have seen there are still many deceptive and questionable advertisements used in the weight loss industry which are attempting to sell useless and potentially harmful products. However, I believe that the addition of such disclaimers and clear labeling of the “before and after” photos show that the industry is heading in a more legitimate way of advertising their products. If the FTC continues to watch dog the industry things can only improve in the future and we may soon see a much less diversified industry with real products that the consumer can trust.