| U.S. Federal Trade Commission |
FTC News Release, Jan 24, 2003
FTC Challenges Weight-loss Claims for Slim Down Solution
Informercials Ran Nationally
The Federal Trade Commission
today charged Slim Down Solution, LLC, Maderia
Management, Inc., and several related companies and
individuals with using false and unsubstantiated claims
in the marketing and advertising of "Slim Down Solution"
- a purported weight-loss product. The advertising
claimed that the product's key ingredient,
D-glucosamine, absorbs up to 20 grams of dietary fat and
causes significant weight loss without diet or exercise.
According to the FTC complaint, these claims are
false.
The FTC's complaint names
Slim Down Solution, LLC, Slim Down Solution, Inc.,
S.S.T. Management, Inc., The KARA Group, LLC, and their
principals, Ronald Alarcon and Kathleen Alarcon
(collectively, SDS defendants); and Maderia Management,
Inc., Polyglucosamine, Ltd., and their principal, Steven
Pierce (collectively, Maderia defendants). The SDS
defendants, based in West Palm Beach, Florida, have
advertised and sold Slim Down Solution through
nationally-disseminated infomercials that aired on cable
television channels such as Bravo, Comedy Central, and
PAX Cable, and on the Internet at
www.slimdownsolution.com. In addition, the SDS
defendants sell their product through a continuity
program, automatically shipping consumers Slim Down
Solution and charging consumers' credit cards or
debiting their bank accounts monthly. The Maderia
defendants, based in Conroe, Texas, have manufactured
and sold D-glucosamine products directly to consumers
and other resellers through their Internet sites,
including www.polyglucosamine.com. Resellers, in turn,
promoted the products to consumers under private labels
such as "Fight the Fat," "Everslim," "Mini Max," and
"Slim Down Solution."
The FTC is seeking permanent
injunctive relief and consumer redress against all of
the defendants. Concurrently with the filing of its
complaint in this matter, the FTC filed a stipulated
preliminary injunction against the SDS defendants that,
when signed by the judge, will preliminarily enjoin use
of the challenged claims in
advertising.
Weight-Loss Fraud
"It's no secret that claims
promoting significant weight loss without diet or
exercise are false," said Howard Beales, Director of the
FTC's Bureau of Consumer Protection. "The scientific
community knows it, the law enforcement community knows
it, and the media know it. Law enforcement has been
significant and aggressive on the issue. But it's clear
we need the media's help to keep these bogus claims from
reaching consumers. Although hope for quick and easy
weight loss springs eternal, the only real solutions
require eating less and exercising
more."
In November 2002, the
Commission conducted a workshop on weight-loss
advertising that focused on identifying false
weight-loss claims and exploring what the media could
and should do to stop weight-loss fraud. "The workshop
was successful," said Beales. "We intend to follow up
with additional media guidance. Protecting the public
from fraudulent weight-loss advertising will require the
cooperation of the media that run these ads. When it
comes to false weight-loss product claims, we are asking
the media to work with us to protect their viewers from
this kind of fraud."
The SDS Defendants
In their advertisements, the SDS defendants used such statements as:
- "The Slim Down Solution is
an incredible tiny tablet that contains D-Glucosamine,
a powerful, all-natural, fat magnet and trapper . . .
. One tablet can help eliminate as much as 20 grams of
Fat!"
- "Lose 10 Pounds And 2
Inches In 30 Days Or Your Money Back!"
- "[T]here are many diet
programs and systems out there. . . . But the one
thing they all have in common is that you have to
change your lifestyle and your eating habits for them
to be successful. . . . The Slim Down Solution doesn't
require you to change anything. That's the beauty of
it. It's effortless."
The complaint alleges that
the SDS defendants violated the FTC Act by falsely
representing that Slim Down Solution:
- causes substantial weight
loss without calorie reduction or exercise, enabling
consumers to lose at least 10 pounds and two inches in
30 days;
- causes weight loss even if
consumers eat substantial amounts of food high in fat,
including hamburgers, chocolate, cheesecake, chicken
nuggets, and french fries; and isolates up to 20 grams
of dietary fat per dose, then binds it to be carried
out of the body as waste.
The FTC further alleges that
the SDS defendants did not possess a reasonable basis to
substantiate these claims, or the claim that Slim Down
Solution causes weight loss, at the time the claims were
made. The FTC further alleges that the defendants
falsely stated that independent laboratory testing using
U.S. government standards proves that Slim Down Solution
binds dietary fat in the human digestive system, when
such was not the case. In addition, the complaint
alleges that the SDS defendants improperly charged
consumers' credit cards or debited their bank accounts
through the continuity program.
The Maderia
Defendants
The complaint alleges that
the Maderia defendants provided the means and
instrumentalities for the SDS defendants to make their
deceptive claims. It also alleges that the Maderia
defendants falsely represented that their D-glucosamine
products isolate up to 16-20 grams of dietary fat per
dose, then bind it to be carried out of the body as
waste; falsely represented that independent studies
prove that its D-glucosamine products absorb dietary
fat, thereby causing weight loss in humans; and
represented without adequate substantiation that their
D-glucosamine products cause weight
loss.
The Commission vote to
authorize staff to file the complaint was 5-0. The
complaint and stipulated preliminary injunction were
filed in the U.S. District Court for the Southern
District of Florida, West Palm Beach Division, on
January 22, 2003.
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.