| U.S. Federal Trade Commission |
FTC News Release, November 7, 2005
FTC Stops Bogus Ads for "Bio Trim" and Other Weight-loss Products
Under the terms of a consent agreement approved by the
Federal Trade Commission and announced today, Tustin,
California based Natural Products, LLC, All Natural 4 U, LLC
and their owner, Ana M. Solkamans, are permanently prohibited
from making false and misleading claims about weight-loss
products, including a dietary supplement they marketed as “Bio
Trim,” “Body-Trim/Bio-Trim,” and “Body-Trim.”
In a complaint filed in November 2004, the FTC alleged that
the defendants made false and unsubstantiated claims in
advertising on their Web sites and in magazines and newspapers
around the country. They claimed, for example, that Bio Trim
“guarantee[d] rapid weight loss” and its users could “eat all
[they] want and still lose weight (pill does all the
work).”
"If you see an ad for a weight-loss product making
fantastic claims, keep your money in your pocket," said Lydia
Parnes, Director of the FTC’s Bureau of Consumer Protection.
"It's just that – a fantasy. The claims made for Bio Trim were
simply not possible. There is no pill that lets you eat all
you want and still lose weight."
The Commission’s complaint alleged that the defendants’
sales pitches were false, unsubstantiated, and in violation of
the FTC Act. Under the terms of the stipulated order settling
the Commission’s charges, the defendants can no longer claim
that any weight-loss product: 1) causes users to lose
substantial weight while eating unlimited amounts of food, 2)
causes substantial weight loss by blocking the absorption of
fat or calories, or 3) works for all overweight users.
The order also prohibits the defendants from making any
claims that any health-related service or program, weight-loss
product, dietary supplement, food, drug or device causes
weight loss, or about their health benefits, performance,
efficacy, safety, or side effects, unless, at the time a claim
is made, the defendants have competent and reliable scientific
evidence that substantiates the truth of the claim. They are
also prohibited from profiting from, or disclosing, personal
information about their customers or prospective customers in
connection with commerce in weight-loss products.
A judgment of more than $2.1 million, representing the
amount of consumer injury, will be suspended due to
defendants’ inability to pay. The judgment will be imposed if
they are found to have misrepresented their financial
condition.
The stipulated final order stopping the defendants’
allegedly illegal conduct was a result of “Operation Big Fat
Lie,” the Commission’s November 2004, multi-agency crackdown
on false weight-loss advertising. The Commission
vote approving the consent agreement was 4-0.
The FTC filed the proposed stipulated final order in the U. S.
District Court for the Central District of California,
Southern Division, on October 28, 2005. The order was signed
and filed on November 2, 2005 by District Judge Alicemarie H.
Stotler.
“Operation Big Fat Lie” identified “Seven Red Flag Bogus
Weight-Loss Claims” that the FTC has advised publications and
broadcasters to avoid. These “red flags” include the
following: a claim is too good to be true if it says the
product will 1) cause weight loss of two pounds or more a week
for a month or more without dieting or exercise; 2) cause
substantial weight loss no matter what or how much you eat; 3)
cause permanent weight loss (even when you stop using the
product); 4) block the absorption of fat or calories to enable
you to lose substantial weight; 5) safely enable you to lose
more than three pounds per week for more than four weeks; 6)
cause substantial weight loss for all users; or 7) cause
substantial weight loss by wearing it on the body or rubbing
it into the skin.
Challenged ads in the "Operation Big Fat Lie" sweep ran in
nationally-known publications. For example, ads for
defendants' products ran in national magazines, including
Woman's Own magazine.
NOTE: The stipulated final order is for
settlement purposes only and does not constitute an admission
by the defendants of a law violation. A stipulated final order
requires approval by the court and has the force of law when
signed by the judge.
The text in this article was prepared by the U.S. Federal Trade Commission.