|
E-mail this page to a friend!
Senior Citizen Alerts
Weight Loss Pills More Likely to Make Your Wallet
Thinner Says FTC
 Recovers $25 million from Xenadrine EFX, CortiSlim,
TrimSpa, and One-A-Day WeightSmart
January 5, 2007 – Senior citizens and baby boomers,
the age groups most tempted by claims of easy weight loss products,
should heed the deceptive marketing done by some of the most popular of
these 'magic' pills. Marketers of the four products –Xenadrine EFX,
CortiSlim, TrimSpa, and One-A-Day WeightSmart – have settled with the
FTC, surrendered cash and other assets worth at least $25 million, and
agreed to limit their future advertising claims.
The FTC says that weight-loss and weight-control
claims were not supported by competent and reliable scientific evidence.
“You won’t find weight loss in a bottle of pills that claims it has the
latest scientific breakthrough or miracle ingredient,” said FTC Chairman
Deborah Platt Majoras.
“Paying for fad science is a good way to lose cash,
not pounds.”
| |
Related Stories |
|
| |
Cracking Down on Health Fraud
Editor's Note: Earlier this year the FTC
launched a large effort to seek out fraudulent advertising aimed at
Spanish-speaking consumers. It discovered massive fraudulent advertising
– particularly of health products – that is aimed at Americans speaking
Spanish or English. The FDA Consumer Magazine, Nov.-Dec. 2006 offers
this advice. Read more...
Acetaminophen Caplets for Pain Relief Being
Voluntarily Recalled
Recall of 500mg
caplets that may contain metal fragments
November
10, 2006 – Senior citizens – the age group that most frequently uses
pain relief from medication – should be aware of a voluntary recall of
Acetaminophen 500mg caplets manufactured and distributed under various
store-brands as a result of small metal fragments found in a small
number of these caplets, according to the U.S. Food and Drug
Administration. Read
more...
Fraudulent Diabetes Cures being Chased off Internet
in Three Country Campaign
FTC launches Website to educate on diabetes
frauds and 'cure alls'
October
20, 2006 – A unified effort by U.S. regulators and agencies in Mexico
and Canada is underway to stop deceptive Internet advertisements and
sales of products misrepresented as cures for treatments for diabetes.
Warnings and advisories have been sent to online outlets in all three
countries. The Federal Trade Commission (FTC), one of the agencies
involved, also announced today a new consumer education campaign on how
to avoid phony diabetes cures.
Read more...
Their Pills Do Not Cure Alzheimer's or Diabetes and
FTC Stops Claims
Maker of herbal supplements Dia-Cope and Sagee
forfeits gains
August 14, 2006 – An outfit that had already been
busted for selling a fake herbal supplement they claimed would treat
Alzheimer's disease has now been banned by the Federal Trade Commission
from claiming their new pills will cure diabetes and made to forfeit
their earnings. Both claims are obvious bait for senior citizens, who
are the most frequent victims of the two diseases.
Read more...
DNA Tests Marketed Online as 'Nutrigenetic Tests'
Are Misleading
Senate aging committee, FTC, FDA, CDC, GAO sound
warnings
July 31, 2006 – Sounds tempting doesn't it – to buy
online a relatively inexpensive do-it-yourself genetic test to do your
own DNA check. Senior citizens, the most vulnerable and concerned about
genetic diseases are clear targets of these marketers. "…consumers now
can purchase at-home tests that claim to predict propensities for a
myriad of health conditions, including Alzheimer’s, cancer, diabetes and
arthritis," according to Sen. Gordon H. Smith, chairman of the Senate's
committee on aging.
Read more...
Senior Citizens Get Scammed in Alarming Numbers
PSAs,
booklet educate seniors on preventing
telemarketing fraud
July 12, 2006 – The majority of fraudulent
telemarketing calls – 56 to 80 percent – are directed at senior
citizens. This problem is becoming worse as more and more Americans move
into the 65 and older age group. The National Crime Prevention Council,
in recognition of National Fraud Awareness Week, has issued a new
booklet - available online, and launched new television public service
announcements to help older Americans avoid telemarketing fraud.
Read more...
Read more
Senior Citizen Alerts |
|
Xenadrine
EFX
Two marketers of Xenadrine EFX will pay at least $8
million and as much as $12.8 million to settle FTC allegations that
Xenadrine EFX’s weight-loss claims were false and unsubstantiated. The
funds will be used for consumer redress. In a bankruptcy case not
involving the Commission, the defendants have also agreed to pay at
least an additional $22.75 million to settle claims brought by creditors
and consumers, including personal injury claims for an earlier
ephedra-based product.
Xenadrine EFX, which contains, among other
ingredients, green tea extract (EGCG), caffeine, and bitter orange (Citrus
aurantium), was advertised heavily in print and on
television, including in such publications as
People, TV Guide, Cosmopolitan, and Men’s Fitness. Xenadrine
EFX advertising also appeared in Spanish-language publications.
The FTC’s complaint alleged that the defendants
made false or unsubstantiated claims for Xenadrine EFX, including that
it was clinically proven to cause rapid and substantial weight loss and
clinically proven to be more effective than leading ephedrine-based diet
products. According
to the complaint, Robert Chinery commissioned several studies of
Xenadrine EFX, none of which showed substantial weight loss. The
complaint alleged that in one of these studies, subjects taking
Xenadrine EFX lost an average of only 1.5 pounds over the 10-week study,
while a control group taking a placebo lost an average of 2.5 pounds
over the same period.
The complaint also alleged that Xenadrine EFX
advertisements falsely represented that persons appearing in the ads
achieved the reported weight loss solely by using Xenadrine EFX.
According to the FTC complaint, consumer endorsers lost weight by
engaging in rigorous diet and/or exercise programs. In addition, the
endorsers were paid from $1,000 to $20,000 in connection with their
testimonials; according to the complaint, Xenadrine EFX advertisements
failed to disclose those payments.
The stipulated federal court order with Robert
Chinery, Jr. and RTC Research & Development, LLC (“RTC”) prohibits
certain claims regarding Xenadrine EFX and prohibits all claims
regarding the health benefits, performance, efficacy, safety, or side
effects of any weight-loss product, dietary supplement, food, drug, or
device, unless the representation is true, not misleading, and
substantiated by competent and reliable scientific evidence. The
settlement also prohibits misrepresentations about any test or study. In
addition, the order prohibits misrepresentations of the actual
experience of any user or endorser and requires clear and prominent
disclosure of any relationship that would materially affect the weight
or credibility given to a user testimonial or endorsement. Finally,
Robert Chinery and RTC cannot use their settlement with the Commission
as a basis for seeking a cash refund of Xenadrine EFX-related income
taxes that they previously reported as paid.
CortiSlim
and CortiStress
The seven marketers of CortiSlim and CortiStress
will surrender, in total, assets worth at least $12 million to settle
FTC charges that they made false and unsubstantiated claims that their
products can cause weight loss and reduce the risk of, or prevent,
serious health conditions. In the final three settlement agreements
announced today, the FTC will recover $8.4 million in cash, along with
proceeds from the sale of a residence acquired with CortiSlim profits.
The settlements also require the two individual defendants to liquidate
tax shelters and transfer to the Commission any funds that remain after
paying taxes and penalties. In two earlier settlement agreements, the
defendants turned over $1.5 million in cash, a boat, a truck, a real
estate interest, and proceeds from a tax shelter. The funds recovered
from the seven defendants will be used for consumer redress.
The advertising campaign for CortiSlim ran
nationwide, including ads on broadcast and cable television, radio,
print media, and the Internet. The FTC’s complaint alleged that
advertising claims about CortiSlim’s ability to cause rapid,
substantial, and permanent weight loss in all users were false or
unsubstantiated, as were claims about CortiStress’s ability to reduce
the risk of osteoporosis, obesity, diabetes, Alzheimer’s disease,
cancer, and cardiovascular disease. The FTC also alleged that CortiSlim
and CortiStress infomercials were deceptively formatted to appear as
talk shows rather than advertisements.
The final settlements announced today are with
Stephen F. Cheng and his company, Window Rock Enterprises, Inc., and
with Gregory S. Cynaumon and his company, Infinity Advertising, Inc. All
of the settlements bar misrepresentations of any tests or studies and
prohibit claims about the performance, effects on weight, or other
health benefits of any dietary supplement, food, drug, cosmetic, or
device unless the claims are true, not misleading, and substantiated by
competent and reliable scientific evidence. The stipulated orders
prohibit the use of deceptively formatted television and radio
advertisements. In addition, the defendants cannot use their settlement
with the Commission as a basis for seeking a cash refund of income taxes
that they reported as paid.
TrimSpa
The marketers of TrimSpa will pay $1.5 million to
settle FTC allegations that their weight-loss claims were
unsubstantiated. According to the FTC’s complaint, the marketers had
inadequate scientific evidence to support their advertising claims that
TrimSpa causes rapid and substantial weight loss and that one of its
ingredients, Hoodia gordonii,
enables users to lose substantial amounts of weight by suppressing
appetite.
Many ads for “TrimSpa Completely Ephedra Free
Formula X32” featured testimonials. Celebrity Anna Nicole Smith claimed
to have lost 69 pounds in eight months by using TrimSpa.
Other advertising claims included “Your high speed
dream body diet pill” and “It makes losing 30, 50, even 70 pounds (or
however many pounds you need to lose) painless.”
TrimSpa ads appeared on television, in magazines,
on radio, and in local newspapers. TrimSpa was also promoted on a Web
site, at some NASCAR events, and other live events.
The FTC consent agreement requires TrimSpa’s
marketers – Goen Technologies Corp., Nutramerica Corp., TrimSpa, Inc.,
and Alexander Szynalski, also known as Alexander Goen – to pay $1.5
million. The agreement also prohibits the marketers from making any
claims about the health benefits, performance, efficacy, safety, or side
effects of TrimSpa, Hoodia gordonii,
or any dietary supplement, food, drug, or health-related service or
program, unless the claims are true, not misleading, and substantiated
by competent and reliable scientific evidence.
One-A-Day
WeightSmart
The Bayer Corporation will pay a $3.2 million civil
penalty to settle FTC allegations that advertisements for One-A-Day
WeightSmart multivitamins violated an earlier Commission order requiring
all health claims for One-A-Day brand vitamins to be supported by
competent and reliable scientific evidence.
Bayer ran a national advertising campaign for
One-A-Day WeightSmart, which contains EGCG (epigallocatechin gallate), a
green tea extract. Bayer also advertised on television, radio, and the
Internet, and in newspapers and magazines, such as
RedBook, Family Circle, and TV Guide.
Advertising claims included statements such as:
●
“Just in! Most women over 30 can gain 10 pounds a decade, due in
part to slowing metabolism.… So eat right, exercise, and take One-A-Day
WeightSmart. The complete multi-vitamin with EGCG to enhance
metabolism.”
●
“One-A-Day WeightSmart. The first and only complete multivitamin
with an ingredient to enhance your metabolism. EGCG, a natural green tea
extract, to help you while you manage your weight.”
The complaint alleges that Bayer Corporation
marketed One-A-Day WeightSmart with unsubstantiated claims that it
●
increases metabolism;
●
enhances metabolism through its EGCG content;
●
helps prevent some of the weight gain associated with a decline in
metabolism in users over age 30; and
●
helps users control their weight by enhancing their metabolism.
The FTC alleges that these unsubstantiated claims
violate a 1991 Commission order against Bayer’s predecessor, Miles Inc.,
that require all claims about the benefits of One-A-Day brand products
to be substantiated by competent and reliable scientific evidence.
In addition to the $3.2 million civil penalty,
Bayer is prohibited from violating the FTC order and from making
unsubstantiated representations regarding the benefits, performance,
efficacy, safety, or side effects of any dietary supplement,
multivitamin, or weight-control product.
The FTC acknowledges the National Advertising
Division of the Council of Better Business Bureaus for its referrals of
some of these cases.
The Commission vote to accept the Bayer settlement
was 5-0. At the Commission’s request, the Department of Justice filed
the complaint and proposed consent decree on January 3, 2007, in the
U.S. District Court for the District of New Jersey.
The Commission vote to accept the TrimSpa consent
agreement, subject to public comment, was 4-0, with Commissioner Rosch
recused. The FTC will publish an announcement regarding the agreement in
the Federal Register. The agreement will be subject to public comment
for 30 days, beginning today and ending February 5, 2007. Comments
should be addressed to the FTC, Office of the Secretary, Room H-135, 600
Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC requests that
any comment filed in paper form be sent by courier or overnight service,
if possible, because U.S. postal mail in the Washington area and at the
Commission is subject to delay due to heightened security precautions.
The Commission votes to authorize staff to file the
CortiSlim stipulated final orders were both 5-0. The stipulated final
orders for permanent injunction were filed in the U.S. District Court
for the Central District of California on October 3, 2006 for Stephen
Cheng and Window Rock Enterprises, Inc. and on January 3, 2007 for
Gregory Cynaumon and Infinity Advertising, Inc.
The Commission vote to authorize staff to file the
Xenadrine EFX stipulated final order was 5-0. The stipulated final order
for permanent injunction was filed in the U.S. District Court for the
District of New Jersey on December 26, 2006.
NOTE: The proposed consent decree and the
stipulated final orders are for settlement purposes only and do not
constitute admissions by the settling defendants of law violations. They
are subject to court approval and have the force of law when signed by
the judge. Likewise, the administrative consent agreement is for
settlement purposes only and does not constitute an admission of a law
violation. When the Commission issues a consent agreement on a final
basis, it carries the force of law with respect to future actions. Each
violation of such an order may result in a civil penalty of $11,000.
Copies of
the documents for these cases are available from the FTC’s Web site at
http://www.ftc.gov and also from the FTC’s Consumer Response Center,
Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC
works for the consumer to prevent fraudulent, deceptive, and unfair
business practices in the marketplace and to provide information to help
consumers spot, stop, and avoid them. To file a complaint in English or
Spanish (bilingual counselors are available to take complaints), or to
get free information on any of 150 consumer topics, call toll-free,
1-877-FTC-HELP (1-877-382-4357), or use the complaint form at
http://www.ftc.gov. The FTC enters Internet, telemarketing, identity
theft, and other fraud-related complaints into Consumer Sentinel, a
secure, online database available to thousands of civil and criminal law
enforcement agencies in the U.S. and abroad.
View Commercial Used by One-A-Day Weight Loss
(Bayer)
>>
Bayer Commercial 2
More FTC Consumer Information:
>>
FTC's Diet & Fitness Website
>>
FatFoe
Click to More Senior News on the
Front Page
Copyright: SeniorJournal.com |
