| U.S. Federal Trade Commission |
FTC News Release, Dec 5, 2002
Body Solutions Products Come under Fire by the FTC
Agency Alleges Weight Loss Claims Are False
The Federal Trade Commission
filed suit today against the marketers of the widely
advertised product, Body Solutions Evening Weight Loss
Formula (Evening Formula). The FTC charged Mark
Nutritionals, Inc., based in San Antonio, Texas, and its
officers, Harry Siskind and Edward G. D'Alessandro, Jr.
with making false and unsubstantiated claims for Evening
Formula. According to the complaint, the defendants
peddled their product using both English and Spanish
language testimonial endorsements from popular radio
disk jockeys on more than 650 radio stations in 110
cities nationwide. Through these DJs and the company's
website, the defendants claimed that their product
offered consumers the unique opportunity to lose
substantial and permanent weight without diet or
exercise. They further claimed that users could consume
substantial amounts of high calorie foods and still lose
weight.
This is the first law
enforcement action taken by the FTC since releasing its
"Report on Weight-Loss Advertising: An Analysis of
Current Trends" and since conducting its workshop on
weight loss advertising on November 19. The workshop
discussed the impact of deceptive ads on public health
and explored new approaches for fighting the
proliferation of misleading claims for weight-loss
products.
"We intend to maintain an
aggressive law enforcement program," said J. Howard
Beales, III, Director of the FTC's Bureau of Consumer
Protection. "But to solve this problem, we also need
help from responsible members of the media."
Since 1999, the defendants
had a total of more than $190 million in sales of their
Body Solutions line of products. In its complaint filed
in the federal district court, the FTC alleges that the
defendants made sales primarily through the use of
deceptive radio advertisements. The thirty to sixty
second "radio spots" aired daily in English and Spanish
on radio stations across the U.S. Typically, the ads
were read by local radio personalities who purportedly
used the product and were presenting their personal
experience. The radio spots contained statements such
as:
- "It helped me lose 36
pounds and it helps me maintain through the holidays.
I mean, I ate so much over Thanksgiving, I still have
turkey burps. But thanks to Body Solutions, I keep the
weight off and now I'm ready for
Christmas."
- "Look, I've lost 25
pounds. . . . This is the program where you eat what
you want. And thank you Body Solutions. I have another
full room in my house. The bench that I used for all
my weights, that's gone. . . . I've replaced it all
with a bottle that fits nicely in the corner of my
refrigerator."
- "Body Solutions ... quite
definitely not a diet . . . . And you do it while you
sleep, while eating what you want to eat all day. . .
."
Body Solutions Evening Weight
Loss Formula is a liquid product that consumers are
instructed to take before going to bed and at least
three hours after eating or drinking. Consumers ordered
Evening Formula by calling a toll-free telephone number
or by ordering over the Internet. The defendants
recently modified their marketing strategy and began
selling Evening Formula through retail outlets such as
Wal-Mart, Eckerd's, K-Mart and Walgreen's.
The FTC's complaint alleges
that the defendants falsely claimed that Evening Formula
will:
- cause substantial weight
loss, as much as 20 to 40 pounds, without the need to
diet or exercise;
- cause substantial weight
loss even if users eat substantial amounts of high
calorie foods such as pizza, beer, tacos, nachos,
cheese grits, and donuts; and
- cause long-term or
permanent weight loss.
In addition, the complaint
alleges that the defendants falsely claimed that Evening
Formula was clinically proven to cause substantial
weight loss, to burn a substantial amount of body fat,
and to build a substantial amount of lean muscle mass,
all without the need to diet or exercise.
In September 2002, defendant
Mark Nutritionals, Inc. filed a voluntary petition for
relief under the reorganization provisions of Chapter 11
of the Bankruptcy Code. Although the two individual
defendants in this case, Harry Siskind and Edward G.
D'Alessandro, Jr., are no longer actively involved, the
corporate defendant continues to operate and sell
Evening Formula.
The FTC is seeking
preliminary and permanent injunctive relief and consumer
redress against the defendants. Concurrently with the
filing of its complaint in this matter, the FTC filed a
stipulated preliminary injunction against Mark
Nutritionals, Inc. which when signed by the judge will
preliminarily enjoin all deceptive claims and preclude
the use of the term "weight loss" in the product's name.
The Commission vote to
authorize staff to file the complaint was 5-0. The
complaint was filed in the U.S. District Court, Western
District of Texas, San Antonio Division, on December 5,
2002.
The FTC's Southwest Region -
Dallas - handled the investigation in this matter. A
number of state attorneys general, including Texas and
Illinois, conducted joint investigations with the FTC
and are filing separate law suits against the defendants
in state courts.
Consumer Tips:
The FTC has the following
tips for consumers who are interested in weight-loss
products or programs:
- Products and programs that
promise quick and easy weight loss are bogus. To lose
weight, you have to lower your intake of calories and
increase your physical activity.
- The faster you lose
weight, the more likely you are to gain it back.
Experts recommend a goal of about a pound a week.
- There are no miracle
weight-loss products. Be skeptical of products and
programs that claim they can keep weight off
permanently. Be skeptical about exaggerated
claims.
The text in this article was prepared by the U.S. Federal Trade Commission.