"Eat all you want and still lose weight!", "Increase your metabolism without ever exercising!", "Watch the fat melt right off your body!" These are familiar claims to anyone who has ever encountered an ad for a weight-loss supplement. Enticing indeed!

Even more enticing are when claims are backed by "a team of doctors," “scientific facts,” or “clinical trials.” How can anyone be overweight when weight loss has been made so easy and fool-proof? Could it be that these claims are lies?

Seems impossible! Especially in a country where there are federal laws prohibiting false advertising. In fact, there is an entire government agency, the Federal Trade Commission (FTC), responsible for upholding this law, and punishing anyone in violation.

The law is known as the Lanham act, and it states that it is illegal for any company to make false or misleading statements about their goods or services. Illegal! So how is it that these companies promoting weight-loss supplements can make such bold claims that are, quite frankly, lies?

Think of the false advertising law like a speed limit, and the FTC like traffic police. The law states that people must go a certain speed, and it is illegal to go above this speed at any given time. The traffic police are responsible for upholding this law and punishing anyone in violation. Therefore, we drive the speed limit or suffer the consequences.

Now in order to make my point, I must admit my criminal history. I have, once or twice, driven over the speed limit! Only, I have never been caught by the traffic police, or punished for my actions. I know that there are too many people on the roads speeding, and not enough traffic police to catch them all at once. Therefore, I take my chances, and break the law.

This is exactly what is taking place with companies selling weight-loss products (the speeders) and the FTC (the traffic police). There are simply too many companies guilty of making false claims, and not enough FTC agents to catch them all. So these companies take their chances, make false claims, as well as millions of dollars in the process.

The worst part is the weight-loss companies are not only taking advantage of the lack of FTC man power, but also of the consumer. The millions of dollars made come from innocent people who believe they are protected by the law. They in turn fall victim by believing these outrageous claims.

Did I say that was the worst part? Because really, the worst part is weight-loss companies are putting peoples’ lives in danger. People are ingesting God knows what (remember, supplements are not FDA regulated, so there could be just about anything in them) not knowing what effect it can have on their bodies.

But not all companies are getting away with this, much like not all speeders get away with speeding. Some get caught, and pay the consequences. However, unlike speeding, the punishment is neither swift nor just. It can take years to prosecute a company. And during this time, the company can continue to sell their product, making even more money.

Now any rational person would ask, “Who would buy a product from a company who is being sued for false advertising?” The answer: Anyone who has purchased Akavar 20/50 in the past several months! That’s right, there is currently a class action lawsuit against Akavar 20/50 for false advertising. Yet, the product has swiftly moved from the pages of magazines, to the shelves of drug stores in a matter of months, increasing its selling power. The most troubling part is their ad campaign mocking the consumer by stating, “We couldn’t print it if it wasn’t true!” Probably the only true statement in their ads.

So what happens if and when a company is found guilty of false advertising? Most of the time they pay a fine (peanuts compared to the money they have made), agree not to do it again, and then continue selling weight-loss products.

Take for example the Obesity Research Institute. In 2005, they were forced to pay $1.5 million in damages after settling with the FTC on false claims about their weight-loss products Propolene and FiberThin. They claimed that the active ingredient, glucomannan, caused “rapid and substantial weight loss without any need for diet or exercise.” In order to avoid paying the $41 million fine for breaking this law, they promised never to make false claims about these products again.

Naturally, the sales of Propolene and FiberThin decreased, so the people behind the Obesity Research Institute developed a new product called Lipozene. The active ingredient in Lipozene is, you guessed it, glucomannan. Taking their chances once again, they claim that taking Lipozene will result in significant weight loss without any changes in diet or exercise.

Obviously, there is a lesson to be learned from all of this. For the weight-loss companies, the lesson is you have more to gain than to lose when it comes to marketing supplements. Even when these companies do “lose” and have to pay a fine, they still have a financial victory.

For the consumer, the lesson to be learned is just because something is in print, does not mean it is true. Companies are motivated by making money, and will stoop to any level to do so, even if it means breaking the law or endangering the consumer. The FTC may not be able to stop these companies, but they can be stopped by smart consumers like you who do their homework and think twice before spending their hard earned money!

Sources & Related Links:

FDA's Take
FTC Press Release - FTC.gov article on fines related to weight-loss claims.
Bogus Diet Claims - From the FTC, advice on how to identify false weight-loss claims.