FTC Chairman Asks Media To Refuse Deceptive Weight-Loss Ads

WASHINGTON--Timothy J. Muris, chairman of the Federal Trade Commission (FTC), publicly beseeched the media to "Do the right thing" and stop running ads for weight-loss products that contain obviously deceptive claims. Muris' speech--presented at a Feb. 11 meeting of the Cable Television Advertising Bureau in New York--was given in support of FTC's campaign to stop deceptive weight-loss advertising.

"Certainly, there are legitimate weight-loss products and programs being advertised truthfully and responsibly," Muris said. "Yet, too many advertisements make claims that are grossly exaggerated and blatantly false. They tout quick fixes and magic bullets that cannot possibly provide the promised results."

In an attempt to weed out questionable advertising claims, FTC is formulating a list of unacceptable claims for weight-loss products. FTC will ask the media to use this list in screening weight-loss advertisements for accuracy. By following this new policy, the media can reduce advertising fraud and its damage to consumers, as well as increase the credibility of advertising in general, according to Muris.

"We are not asking media outlets to review clinical studies or other substantiation for weight loss ads," he said. "With the guidance we are offering, the clearance process would simply mean comparing the claims in an ad with the claims on our list and making any necessary cuts."

While Muris discussed FTC's campaign to stop deceptive weight-loss advertising, he stated the government is not solely responsible for promoting accurate advertising, but media outlets should also have a hand in weeding out unsubstantiated advertising claims. Muris said all forms of media, save network television, have been guilty of running questionable ads.

"We all have a shared stake in promoting truthful advertising," he said. "Profit and prosperity are not at odds with ethical advertising."

Another point Muris made was that deceptive claims are increasing in advertisements. According to a review of 300 weight-loss ads, FTC found that of the ads run in 2001, 40 percent made a claim which was obviously false and another 15 percent made at least one claim that was likely to be false or unsubstantiated. In comparing ads from 1992 with those from 2001, FTC's report indicated the more recent ads were much more likely to contain obviously false claims.

In addressing manufacturers' First Amendment rights in promoting/marketing products, Muris said, "The media, appropriately, do have substantial First Amendment protection. Yet, there is no Constitutional right to run false commercial advertising, just as there is no Constitutional right to make false statements about individuals in your news stories. You take extensive steps to prevent defamation. We are asking for modest steps to prevent fraud."

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