The Federal Trade Commission issued a “red flag” report Tuesday, announcing a program that asks media outlets to help regulate deceptive weight-loss advertisements.

The FTC released the 74-page “Red Flag: Bogus Weight Loss Claims” report, which includes seven claims that it says should raise the media’s attention about the truthfulness of an ad. They are specifically targeting diet ads in time for the nation’s biggest weight-loss season.

“Fraudulent weight-loss products target people desperate to lose weight and willing to try almost anything,” FTC Chairman Timothy Muris said in a statement announcing law enforcement actions against three marketers of weight-loss products.
In each of these cases, the defendants allegedly made false claims that their product results in substantial weight loss without dieting or exercise.

“Despite claims to the contrary, there are no magic bullets or effortless ways to burn fat,” Muris added. “Claims for diet products or programs that promise weight loss without sacrifice or effort are bogus. And some can even be dangerous.”

The FTC conducted a study last year that found an “unacceptably high” 55 percent of diet ads contained false or unsupported assertions, despite its false-advertising enforcement efforts. The report involved a review of 300 ads from magazines, newspapers, television, radio and the Internet that claimed such false statements as quick, safe, permanent and doctor-endorsed weight-loss.

This study triggered the FTC to crack down more heavily on these marketers, who spend about $38 billion on diet products, and stop the ads before they reach consumers. One such effort is two $1 million settlements with these companies, Muris announced Tuesday.

The settlements are with Universal Nutrition, which said its “ThermoSlim” helps users lose 95 pounds in 60 days while still eating junk food, and with Harry Siskind, who said Mark Nutritionals’ “Body Solutions Evening Weight Loss Formula” allows users to lose weight without diet or exercise.

These efforts come when high obesity rates have become a major issue in the United States. The Center for Disease Control and Prevention estimates that more than 60 percent of Americans are overweight or obese.

While the media industry already has certain guidelines for deciding what ads to run, the FTC is now calling on the media to boost its efforts to limit false advertising by monitoring suspicious claims.

“I don’t think it’s unreasonable for the FTC to ask the media to help, but they don’t have any legal responsibilities,” University of Wisconsin law professor Robert Drechsel said, adding that they do have certain regulations to obey. “The media can be prohibited from running ads for illegal products and services.”

Drechsel said the FTC is responsible for analyzing the content of ads and measuring their truthfulness. He said the FTC could accomplish this by drawing on scientific evidence and using its judgment.

The Supreme Court has generally ruled that ads fall outside of first amendment rights “to the degree that ads are false and misleading,” Drechsel said.

He also said that this is not a new issue, adding that consumer groups have been pressuring the FTC to regulate this industry more strictly.

“It’s a controversy that’s been bubbling for a long time,” Drechsel said.