Anthony Ellis
As our country gains weight at an alarming rate, we are spending
more each year on products that promise us easy, effortless weight
loss. Each year in the United States, an estimated 35 billion
dollars is spent each year on weight loss products. The problem is
that in spite of headlines that feed our hopes that a new, secret,
"better" weight loss formula has been discovered, the truth is
there are no easy solutions to losing weight.
Simply put, weight loss is a combination of lifestyle choices, and
is the result of a firm commitment to making and maintaining them
over a period of time. Any products that offer weight loss without
reduced caloric intake and increasing activity levels are
fraudulent- and a waste of money.
Why Do People Buy Products That Are Scams?
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Denise Bruner, MD, MPH, FASBP is a specialist in weight loss, and a
fellow in the American Society of Bariatric Physicians. She shares
one of the major reasons that weight loss scams flourish today: "We
live in a society today that wants immediate gratification. This is
reflected in our willingness to buy from those that promise
'instant results'".
The increasing obesity in our society, and hopes that weight loss
can be achieved without lifestyle changes fuels the growth of
frauds. Bruner states, "In the U.S., currently 61% of the
population is overweight, and the numbers are going up. There's a
huge market out there for weight loss products. After all, it
appeals to us to find out that you can 'Lose 30 pounds in 30 days.'
We don't want to have to deprive ourselves of our favorite foods,
and want something that will 'magically' absorb the calories."
Jeannette Kopko, Senior Vice President of the Better Business
Bureau for Dallas and Northeast Texas, agrees that illegitimate
weight loss products feed on false promises: "People are fooled by
these scams because they hope that they aren't scams. They hope
that they're real, and are an easier, faster, painless way to lose
weight."
With the huge demand for weight loss products (and their revenues),
companies are more than willing to become suppliers-whether or not
their products work. Kopko states, "The number of companies hawking
bogus supplements and weight loss products is increasing rapidly in
recent years."
How can you spot a weight loss scam?
---------------------------------
Typically, weight loss scams make promises that aren't realistic.
Headlines that promise weight loss without dieting are always
scams, since calorie reduction is the basis of any true weight loss
program. There are no legitimate weight loss programs that allow
you to "eat whatever you want" without limit. As Monica Revelle,
public relations specialist at the FDA notes: "If it sounds too
good to be true-it is!"
Other tips offs that the weight loss product is a scam include:
* Claims to be a "secret" formula: Products that claim to have
secret formulas are scams. Dr. Bruner feels strongly on this issue,
and states, "There are no 'secrets to weight loss' being held away
from the public. In America alone, an estimated 100 people a day
die from obesity; we could prevent 300,000 deaths annually if there
was a real product that made weight loss simple and safe, and
physicians would be the first to prescribe them."
* There's no physical address for the business. Legitimate products
and services will have a physical address and phone number. Be wary
of those that only offer a mailbox, or a toll-free number to call
manned by "help center" personnel. Kopko shares, "While not all
companies that have P.O. or private mail boxes (PMBs) are
illegitimate, plenty are. Check to see if there are the letters
'PMB' after a physical address; this indicates that it's really a
private mail box, that can forward mail to anywhere in the world."
She adds that the Internet is also being used to promote frauds,
and adds, "You can't judge how good or legitimate a product is by
how professional the web site looks. This only reflects how good
their web designer was."
* They promise rapid weight loss. Weight loss that is too rapid is
not only unhealthy, but is normally quickly regained. The best
plans advocate moderate goals, with slow, steady weight loss of
about 6-8 pounds a month over a long period. Dr. Bruner states,
"Any product that offer overnight or rapid changes is a fraud."
* They state that they can help a person lose fat or cellulite in a
specific part of the body. Body fat is lost overall, not in a spot,
and ads that claim otherwise are frauds.
* They promise permanent weight loss. No product can do this, since
permanent weight loss is maintained by lifestyle changes.
By avoiding products with the above "red flags" in their
advertising, you can protect yourself from illegitimate
products-and save money.
Types of Weight Loss Scams
-------------------------
Weight loss scams can range from the highly illegal (and even
dangerous) to the mildly unethical. Kopko states, "There are
degrees of fraud and misleading consumers. Some are scams where the
person doesn't receive anything at all when they send in their
money. Another form of scam is when the customer sends in money,
and they get a product that has no benefit, such as a sugar pill."
Other weight loss scams use questionable practices, such as making
claims for an ingredient-but without scientific studies to back
them up. Kopko adds, "In yet other scams, the product has very low
levels of active ingredients, so the person doesn't get the desired
result."
Some products sell because their names are similar to real
products-even though they don't contain the same ingredients or
quality. Dr. Bruner warns that these knockoffs are frauds: "The
person thinks, 'Oh, I can get this a lot cheaper here...' but be
careful, and check it out thoroughly first."
Kopko has seen all types of weight loss scams during her years with
the Better Business Bureau. She remembers, "Years ago, in our area,
there was a business that sold 'weight loss glasses'; one lens was
blue, the other brown. Supposedly, the two colors 'confused the
brain' and the person didn't get hungry." She adds, "Another fraud
was weight loss "bath powder' that a person pours into the tub,
that promised weight loss."
Today, popular scams are pills, powders, patches, and herbal teas
that supposedly promote weight loss.
One recent scam was a powder taken a few hours before sleep. Kopko
states, "It promised that the fat would "melt away" while you
slept. The only benefit was that the person gave up their bedtime
snack when they took it; there was nothing in the powder to help.
And the person who bought the powder was then deluged with other
products from the company that would 'make the product work
better.' It was all a huge fraud."
Dr. Bruner has also seen a variety of weight loss scams over the
years. She states, "I've seen people wearing inserts in their
shoes; the manufacturers claim that they hit pressure points to
relieve hunger (it doesn't work). Another scam is a '"chocolate
patch' designed to reduce cravings for chocolate, or wearing
special clothing to spot reduce areas." She notes that in Europe,
another popular weight loss fad is getting attention: "In Europe,
right now mesotherapy, injecting a drug into the muscle, is a very
popular fraud."
FTC's spokesperson Shirley Rooker notes that the FTC recently
stopped another popular weight loss scam-and the company was forced
to pay back millions to consumers taken in by its fraudulent ads.
She notes, "The Enforma System claimed that its products increase
the body's capacity to burn fat and would help the body burn more
calories while just standing or sitting around doing nothing, even
while sleeping. And the TV ads stated that consumers could enjoy
fried chicken, pizza, and other high-calorie, high-fat products and
still lose weight. The FTC complaint charged that there was no
proof that Fat Trapper and Exercise in a Bottle really worked."1
Why Aren't They Stopped?
------------------------
With the huge numbers of weight loss frauds out there (it only
takes opening up a magazine, or surfing the Internet to view some),
the question of why they are allowed to continue is raised.
Kopko says, "I get a lot of calls from people who ask, 'Why isn't
something being done?' about a scam. Basically, the answer is:
until we receive complaints, a fraud can't be investigated." She
adds that many times, people who are scammed don't file reports.
"They don't want the bother, or they don't know where to turn. The
complaints we get are probably only a fraction of the problem
that's out there."
She warns that not being shut down is not a guarantee of
reliability. "Just because a business is out there, selling weight
loss products doesn't mean they're legitimate; it may just be that
they haven't been caught yet. This is why it's so important to be
an aware consumer. "
Once complaints are made, law enforcement will step in and start
investigating weight loss frauds. They often prosecute illegal
businesses, and force them to make restitution to their victims.
But Kopko shares that not every questionable weight loss product
can be dealt with in this manner: "Some scams might not be
illegal-just unethical. They market their products in a way that
implies benefits, instead of stating them outright, and skirt the
legal boundaries of false advertising."
In some cases, stopping a fraud takes time because of the decision
over who has jurisdiction, and the time needed to gather the data
to begin prosecuting a company. For instance, the FDA's Moica
Revelle states that they only have jurisdiction over scams in which
a product is proven to be unsafe. "We monitor the quality and
safety of weight loss products; but we don't have jurisdiction if
there's no evidence of harm done."
In many cases of false advertising, the FTC steps in, and uses
information gathered by other agencies to make their case against a
company. Kopko states that the Better Business Bureau, while not
having jurisdiction itself, make their task easier. "We keep
information about businesses on file, including complaints against
them, and share this with law enforcement and government agencies."
How To Protect Yourself From Scams
----------------------------------
One of the best methods of protecting yourself from weight loss
scams is to seek medical advice from a qualified physician who
specializes in weight loss (bariatric medicine). At times, this
means first coming to terms with a realistic view of weight loss.
Dr. Bruner states, "Losing weight isn't simple or easy.
Basically, it means reducing calories and exercising, but it must
be individualized to the person's needs. For instance, the person
with insulin resistance needs a higher protein, lower carbohydrate
diet so they won't feel that they're starving; and those with
allergies (such as to wheat or yeast) will need a diet that avoids
these items."
To protect yourself from scams, check the product out first with
your physician. And if possible, try to avoid "impulse buying".
First investigate the product and the company's reliability with
consumer organizations. This can save you needless expense and
disappointment in the long run.
Another method of avoiding scams is to visit sites that investigate
consumer frauds-and check out a company before buying. Kopko
states, "The Better Business Bureau is a participant with the
Sentinel Database (online at www.consumer.gov/sentinel ) which
allows consumers and law enforcement to view trends and complaints
against businesses. You can also go online to our national web site
at www.bbb.org to check out a company nationally. Just click on
the "consumer info" link, and look up diet fads and scams that have
been reported."
Weight loss scams are on the rise, and the numbers of companies
using fraudulent advertising are multiplying. By taking the time to
carefully investigate a company and its products, and choosing to
work with a qualified physician on your weight loss goals, you can
save yourself needless expense and disappointment. Best of all, you
can get started on the road to real, achievable weight loss goals
while maintaining good health.
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References
1. FTC Audio Features, "Weight Loss Scams", text available online
at http://www.ftc.gov/bcp/conline/audio/weight_loss_scams.htm
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