Federal Trade Commission on Weight Loss Regulations – “Operation Failed Resolution”

May 26, 2014 By

Federal Trade Commission initiates “Operation Failed Resolution” to crack down on companies making false weight loss claims.

At the beginning of the New Year many have made resolutions to lead a healthier life and drop some extra pounds gained in the previous year.  However, the tried and true method of losing weight through diet and exercise alone is never easy and we could all use a little boost to help our eating and exercise program along.  We are all looking for the magic pill that will make the pounds fall off and often we fall victim to the newest weight loss craze without stepping back and looking at all the evidence.

There are many effective foods and dietary supplements that can provide the extra boost you’re looking for help to supplement your diet and exercise program, but there are others who market products with little substantiation behind them and promise you will lose pounds by popping their magic weight loss pill.  However, the Federal Trade Commission has stepped in to try and bring some calm and order to the weight loss craze world.  To do this the Federal Trade Commission has unveiled a new initiative called “Operation Failed Resolution” on January 7th to help weight watchers avoid being mislead by unsubstantiated products and untruthful information.  The initiative is aimed at cracking down on all fraudulent marketing of weight loss products and educating consumers and media on how to identify what false claims are.

The Federal Trade Commission has been seeking assistance from all media in order to prevent fraudulent marketing campaigns such as fake news sites, substantiation, testimonials, and before and after pictures.  Federal Trade Commission is asking that all media be aware of the advertisements that they are running and use the Federal Trade Commission’s published “Gut Check” guidelines to filter out fraudulent marketing campaigns.  The Federal Trade Commission has already sent letters to 75 publishers, broadcasters, media groups and trade associations to update them on how to use the Gut Check program and update them on the resources available on the Federal Trade Commission website for spotting fraudulent campaigns.

The Federal Trade Commission has been seeking assistance from all media in order to prevent fraudulent marketing campaigns such as fake news sites, substantiation, testimonials, and before and after pictures.  Federal Trade Commission is asking that all media be aware of the advertisements that they are running and use the Federal Trade Commission’s published “Gut Check” guidelines to filter out fraudulent marketing campaigns.  The Federal Trade Commission has already sent letters to 75 publishers, broadcasters, media groups and trade associations to update them on how to use the Gut Check program and update them on the resources available on the Federal Trade Commission website for spotting fraudulent campaigns.

On the Federal Trade Commission website you can find the reference guide entitled “Gut Check: A Reference Guide for Media on Spotting False Weight-Loss Claims”.  The reference guide describes seven weight loss claims listed below which if found in any advertising material, should raise a red flag that this claim is unlikely to be true. 

  1. Causes weight loss of two pounds or more a week for a month or more without dieting or exercise;
  2. Causes substantial weight loss no matter what or how much the consumer eats;
  3. Causes permanent weight loss even after the consumer stops using product;
  4. Blocks the absorption of fat or calories to enable consumers to lose substantial weight;
  5. Safely enables consumers to lose more than three pounds per week for more than four weeks;
  6. Causes substantial weight loss for all users; or
  7. Causes substantial weight loss by wearing a product on the body or rubbing it into the skin.

All manufacturers of food and dietary supplements which produce weight loss products should use Federal Trade Commission’s Gut Check reference guide and determine if they are at risk of making unsubstantiated weight loss claims. dicentra can assist you with determining if the claims you wish to make in your advertising materials are complaint or what revisions are required to become compliant. Please feel free to contact us at the coordinates below for assistance.

dicentra provides sought-after regulatory and scientific guidance on product and marketing compliance, quality assurance, research and development, new ingredient assessments and overall regulatory strategies for health-related products sold in North American marketplaces. Contact us at info@dicentra.com or at 1-866-647-3279.