[Federal Register Volume 67, Number 183 (Friday, September 20, 2002)]
[Notices]
[Pages 59289-59291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23938]


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FEDERAL TRADE COMMISSION


Public Workshop: Advertising of Weight Loss Products

AGENCY: Federal Trade Commission (FTC).

ACTION: Notice announcing public workshop.

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SUMMARY: The FTC is planning to host a public workshop to explore 
alternate approaches to reducing deceptive claims in advertising for 
weight loss products.

DATES: The workshop will be held on November 19, 2002, from 9 a.m. to 5 
p.m. at the Federal Trade Commission, 600 Pennsylvania Avenue, NW., 
Washington, DC. The event is open to the public and there is no fee for 
attendance. Pre-registration is not required.
    Requests To Participate as a Panelist: Written requests to 
participate as a panelist in the workshop must be filed by October 15, 
2002. For further instructions, please see the ``Requests to 
Participate as a Panelist in the Workshop'' section below. Persons 
filing requests to participate as a panelist will be notified by 
October 29, 2002, if they have been selected.
    Written Comments: Whether or not selected to participate, persons 
may submit written comments on the topics to be discussed by the 
panelists. Such comments must be filed on or before October 29, 2002. 
For further instructions on submitting comments, please see the ``Form 
and Availability of Comments'' sections below. To read the Commission's 
policy on how it handles the information you may submit, please visit 
http://www.ftc.gov/ftc/privacy.htm.

ADDRESSES: Written comments and requests to participate as a panelist 
in the workshop should be submitted to: Secretary, Federal Trade 
Commission, Room 159, 600 Pennsylvania Avenue, NW., Washington, DC 
20580. In the alternative, they may be e-mailed to weight[email protected].

FOR FURTHER INFORMATION CONTACT: Rona Kelner, (202) 326-2752, 
[email protected], or Lesley Fair, (202) 326-3081, [email protected], 
Division of Advertising Practices, Federal Trade Commission, 600 
Pennsylvania Avenue, NW., Washington, DC 20580. A detailed agenda and 
additional information on the workshop will be posted on the FTC's Web 
site, www.ftc.gov, by October 29, 2002.

SUPPLEMENTARY INFORMATION:

Background and Workshop Goals

    Obesity is a significant public health problem. According to the 
Surgeon General's 2001 Call To Action To Prevent and Decrease 
Overweight and Obesity, an estimated 61% of American adults are 
overweight or obese.\1\ The relationship between overweight and medical 
conditions such as cardiovascular disease, hypertension,

[[Page 59290]]

certain cancers, type 2 diabetes, and osteoarthritis is well 
established and the toll of those diseases is substantial. Obesity-
related illnesses account for approximately 300,000 deaths annually.\2\
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    \1\ The Surgeon General's Call To Action To Prevent and Decrease 
Overweight and Obesity, U.S. Department of Health and Human 
Services, at xiii (2001).
    \2\ Id.
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    In response, as many as 68 million U.S. adults are trying to lose 
weight.\3\ Many of them turn to commercial weight loss products.\4\ 
Consumers spend an estimated $33 billion annually on weight loss 
products, with the sale of dietary supplements accounting for a 
significant proportion of overall expenditures.\5\ According to a CDC 
study, between 1996 and 1998, an estimated 17.2 million Americans used 
one or more non-prescription weight loss products.\6\
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    \3\ Serdula, M.K., et al., Prevalence of Attempting Weight Loss 
and Strategies for Controlling Weight, J.A.M.A. 1999; 282:1353-1358 
<http://jama.ama-assn.org/issues/v282n14/rfull/joc90559.html.
    \4\ Bryant, J., Fat is a $34 Billion Business, Atlanta Business 
Chronicle (Sept. 24, 2001) citing research by Marketdata 
Enterprises, Inc.
    \5\ Graham Cloditz, Economic Costs of Obesity, Am. J. Clin. 
Nutr. 1992; 55:503-507s, cited in Statistics Related to Overweight 
and Obesity, National Institute of Diabetes & Digestive & Kidney 
Diseases (visited July 25, 2002) 20.
    \6\ Hiedi Michels Blanck, et al., Use of Nonprescription Weight 
Loss Products: Results From a Multistate Survey, J.A.M.A. 2001; 
286;930-935 <http://jama.ama-assn.org/issues/v286n8/rfull/joc10285.html.
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    Unfortunately, the use of false and misleading claims in ads for 
these products is common. The Commission has undertaken a vigorous 
enforcement program, including the filing of more than eighty cases 
since 1992. Recognizing that law enforcement alone has not proven 
sufficient to deter the promoters of bogus diet products, the FTC staff 
has fought weight loss fraud on other fronts. To enlist the voluntary 
cooperation of industry, the staff has worked closely with the 
Partnership for Healthy Weight Management, a coalition of 
representatives from science, academia, the health care profession, 
government, commercial enterprises, and public interest organizations 
whose mission is to promote sound guidance on strategies for achieving 
and maintaining a healthy weight. To encourage self-regulatory efforts 
by publishers and broadcasters, the staff has met with members of the 
media to discuss voluntary clearance standards that would weed out the 
most egregious weight loss claims before they are disseminated to 
consumers.
    Despite these efforts, the proliferation of deceptive weight loss 
ads appears to be on the rise. On September 17, 2002, the FTC staff 
issued Weight-Loss Advertising: An Analysis of Current trends.\7\ 
Prepared with assistance from the Partnership for Healthy Weight 
Management, the report analyzes the claims and techniques used in 300 
ads from all major forms of media. Based on its analysis, the staff 
concluded that false or misleading claims are common in ads for weight 
loss products. Furthermore, although deceptive advertising for weight 
loss products is by no means new, the staff's comparison of 1992 
magazine ads with magazine ads from 2001 suggests that the number of 
products and the amount of advertising--much of it deceptive--have 
dramatically increased over the last decade. Reputable marketers 
continue to take care to avoid false and misleading claims, but it 
appears that too many unscrupulous marketers are making false claims 
promising dramatic and effortless weight loss to sell their products.
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    \7\ The report is available at www.ftc.gov.
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    The report also finds that these deceptive ads have appeared in a 
wide range of print and broadcast media. Although some publishers and 
broadcasters embrace the benefits of voluntary self-regulation by 
choosing not to run ads that make outlandish promises to consumers, 
others have not. Many of the same questionable claims that the 
Commission has challenged as deceptive year after year, e.g., that 
through the use of the advertised product consumers can lose 
substantial weight without diet and exercise, can lose weight 
continuing to eat unlimited amount of high-calorie foods, and can 
safely lose a substantial amount of weight in a short period of time, 
continue to appear.
    Because consumers make their product selection based in part on 
advertising claims, ads that present false or misleading information 
can impede informed consumer decision making, inflict substantial 
financial injury, and even harm consumers' health. To explore that 
impact that these ads have on the public health and new approaches for 
fighting the proliferation of misleading claims for weight loss 
products, the Commission will convene a public workshop on November 19, 
2002. Government officials, scientists, public health groups, marketers 
of weight loss products, advertising professionals, and representatives 
of the media are especially encouraged to participate.
    Panel 1 will consist of officials from government agencies 
with expertise in the health risks of obesity. This panel will discuss 
why obesity has become a public health problem and what actions their 
respective agencies are taking to meet the crisis.
    Panel 2 will consist of researchers, academicians, medical 
professionals, and industry experts who will discuss the state of the 
science. One possible approach to the problem would be to determine 
whether there are a list of common claims for weight loss products that 
are generally agreed to be false. To facilitate this discussion, the 
FTC staff requests comments on whether the current state of the science 
would establish that the following claims commonly found in ads for 
over-the-counter weight loss products are false:
    (1) That the use of the advertised product will cause consumers to 
lose a substantial amount of weight without reducing their caloric 
intake and/or increasing their physical activity;
    (2) That the use of the advertised product will cause consumers to 
lose a substantial amount of weight while still enjoying unlimited 
amounts of high-calorie foods;
    (3) That consumers can lose a substantial amount of weight through 
the use of the advertised product that is applied to the body or rubbed 
into the skin (e.g, wraps, patches, belts, clips, or creams);
    (4) That the use of the advertised product will cause consumers to 
lose weight preferentially only from those parts of the body for which 
they wish to lose weight;
    (5) That consumers can lose a substantial amount of weight through 
the use of the product advertised to block or absorb fat or calories;
    (6) That the advertised product will cause a substantial amount of 
weight loss for all users;
    (7) That the advertised product will cause permanent weight loss; 
or
    (8) That the use of the advertised product will cause consumers 
safely to lose more than three pounds per week for a period of more 
than four weeks.
    In addition, commenters are encouraged to discuss the state of the 
science tending to prove or disprove other claims commonly found in ads 
for weight loss products.
    Panel 3 will consist of representatives from the dietary 
supplement industry, non-prescription drug manufacturers, and others 
engaged in the sale of weight loss products. They will provide 
perspectives from the different sectors of the industry on the state of 
the advertising and marketing of weight loss products and discuss what 
the industry believes could be done through self-regulation, law 
enforcement, or other means to stop the proliferation of fraud in this 
product category.

[[Page 59291]]

    Panel 4 will consist of law enforcement officials who will 
discuss the challenges they face in prosecuting weight loss fraud cases 
and why the efforts taken to date do not appear to have had the desired 
deterrent effect.
    Panel 5 will consist of media law experts who will discuss 
the extent to which publishers and broadcasters may reject 
advertisements making questionable claims and what can be done to 
encourage the media to screen out patently false claims more 
effectively.
    Panel 6 will consist of publishers and broadcasters who 
will discuss current approaches to self-regulation and the costs and 
benefits of voluntary screening procedures. This panel will also 
explore steps that could be taken to encourage effective self-
regulation in this area and whether a list of presumptively false 
claims for weight loss products would assist them in their efforts.

Requests To Participate as a Panelist in the Workshop

    Those parties who wish to participate as panelists in the workshop 
must notify the FTC in writing of their interest in participating by 
October 15, 2002, either by mail to the Secretary of the FTC or by e-
mail to weight [email protected]. Requests to participate as a panelists 
should be captioned ``Weight Loss Advertising Workshop--Request to 
Participate, P024527.'' Parties are asked to include in their requests 
the name and number of the panel on which they would like to 
participate, a statement setting forth their expertise in or knowledge 
of the issues on which the panel will focus, and their contact 
information, including a telephone number, facsimile number, and e-mail 
address. An original and two copies of each document should be 
submitted. Panelists will be notified by October 29, 2002, whether they 
have been selected.
    Using the following criteria, FTC staff will select a limited 
number of panelists to participate in the workshop:
    1. The party has expertise in or knowledge of the issues that are 
the focus of the workshop.
    2. The party's participation would promote a balance of interests 
being represented at the workshop.
    3. The party has been designated by one or more interested parties 
who timely file requests to participate as a party who shares group 
interests with the designator(s).
    In addition, there will be time during the workshop for those not 
serving as panelists to ask questions.

Form and Availability of Comments

    To facilitate the discussion, the FTC requests that interested 
parties submit written comments on the issues that the panels will 
address. Comments should be captioned ``Advertising of Weight Loss 
Products Workshop--Comment, P024527'' and must be filed by October 29, 
2002.
    Parties sending written comments should submit an original and two 
copies of each document. To enable prompt review and public access, 
paper submissions should include a version on diskette in PDF, ASCII, 
WordPerfect, or Microsoft Word format. Diskettes should be labeled with 
the name of the party, and the name and version of the word processing 
program used to create the document. Alternatively, comments may be e-
mailed to weight[email protected].
    Written comments will be available for public inspection in 
accordance with the Freedom of Information Act, 5 U.S.C. 552, and FTC 
regulations, 16 CFR part 4.9, Monday through Friday between the hours 
of 8:30 a.m. and 5 p.m. at the Public Reference Room 130, Federal Trade 
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. This 
notice and, to the extent technologically possible, all comments will 
also be posted on the FTC Web site, www.ftc.gov.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 02-23938 Filed 9-19-02; 8:45 am]
BILLING CODE 6750-01-M