Weight-Loss Patches and Pitches: What You Need to Know From the FTC
Today, the FTC concluded an action against Transdermal Products International Marketing Corporation and William H. Newbauer,
Weight-Loss Patch Manufacturer Banned From Selling Weight-Loss Patches, Will Pay $180,000
A company and its owner are banned from selling weight-loss patches in the future and will pay $180,000 to settle Federal Trade Commission charges that advertising claims for their weight-loss patches were false and unsubstantiated.While over at Copyblogger, a makeover of a weight loss landing page was given by Robert Rosenberger.According to the FTC, Transdermal Products International Marketing Corporation and William H. Newbauer sold a supposed weight-loss patch to about two dozen domestic and foreign retailers, and provided them with sample deceptive advertising and bogus substantiation materials, including purported expert endorsements and clinical studies of their weight-loss patch by Marvin Kaplan. The retailers in turn used these materials to sell the weight-loss patches to consumers in the U.S. and abroad. The sample advertising made false or unsubstantiated claims about the product, including that it caused weight loss and that the main ingredient, sea kelp, had been approved by the FDA for weight loss.
The order entered against the defendants requires that they pay $180,000 in three $60,000 payments over 18 months. If they fail to make their payments on time – or if they materially misled the Commission as to the extent of their ability to pay – the order calls for a judgment against them of $900,000.
In addition to banning them from selling weight-loss patches, the order also bars the defendants from making claims that have been identified by the FTC as raising “red flags” for false weight-loss advertising, including that a product worn or rubbed on the skin is effective for weight loss; that it causes substantial weight-loss without reducing calories or increasing exercise; that it safely enables users to lose more than three pounds per week for a period of more than four weeks; or that it causes permanent weight loss. In addition, the defendants cannot misrepresent that the FDA has approved or is about to approve any transdermal product, dietary supplement, food, drug, device or cosmetic for its intended use. Also, they cannot claim that any of these types of products cause weight loss or melt or burn body fat or affect the body’s metabolism of fat unless they have competent and reliable scientific evidence to back up the claim. Finally, the order prohibits the defendants from providing their trade customers with the means and instrumentalities to make false and deceptive claims.
Was the makeover offside with the FTC's recommendation regarding the red flags about weight loss ads
Well Roberta wouldn't know, or if she did she kept the information to herself.
Here are the red flags.
Several of the following claims refer to “substantial weight.” This means “a lot of weight” and would include weight loss of a pound a week for more than four weeks or total weight loss of more than 15 pounds in any time period. Substantial weight loss can also be suggested by references to dress size, inches, and body fat. But, as the examples illustrate, ads may convey this message without using specific numbers.The next time you get an ad or spot for a nonprescription drug, dietary supplement, skin patch, cream, wrap, earring or other product that is worn on the body or rubbed into the body containing claims like the ones below, Red Flag the ad: Take it to your supervisor, and point out the claims that strike you as false.
Cause weight loss of two pounds or more a week
for a month or more without dieting or exercise.Cause substantial weight loss no matter what or
how much the consumer eats.Cause permanent weight loss (even when the
consumer stops using product).Block the absorption of fat or calories to enable
consumers to lose substantial weight.Safely enable consumers to lose more than three
pounds per week for more than four weeks.Cause substantial weight loss for all users.
Cause substantial weight loss by wearing it on the
body or rubbing it into the skin
You cannot be advising a website whose business opportunity is selling weight loss techniques without making at least a passing reference to the FTC's Red Flag guide.
Indeed, a shrewd marketer like Roberta could probably think of a better landing page for the FTC!
