Self-Regulation and Weight Loss Advertising: Staying Informed
by Dr. Jan LeBlanc Wicks
In September 2002 the Federal Trade Commission (FTC) reported that false claims were common in weight loss advertising, with many "grossly exaggerated or clearly unsubstantiated performance claims" of particular concern. In April 2005 the FTC reported the number of obviously false claims in broadcast and print weight loss and diet advertisements had dropped significantly. The FTC noted that media outlets had responded to its call to refuse to run ads with clearly false weight loss claims, suggesting that self-regulation can play an important role.
Serving on a recent NARB panel for a weight loss product reminded me of various sources of information that may be useful to concerned advertisers, broadcasters and publishers. The FTC provided guidance for screening false claims and examples of obviously false weight loss claims. In its "Red Flag" report (available at www.ftc.gov/bcp/conline/pubs/buspubs/redflag.pdf ), the FTC noted a claim is too good to be true if it says the product will:
- Cause weight loss of two pounds or more a week for a month or more without dieting or exercise
- Cause substantial weight loss no matter what or how much the consumer eats
- Cause permanent weight loss (even when the consumer stops using the product)
- Block the absorption of fat or calories to enable consumers to lose substantial weight
- Safely enable consumers to lose more than three pounds per week for more than four weeks
- Cause substantial weight loss for all users
- Cause substantial weight loss by wearing it on the body or rubbing it into the skin
The FTC also noted several techniques that "should raise red flags about the veracity of the claims" (www.ftc.gov/bcp/reports/weightloss.pdf):
- Consumer Testimonials/Before-After Photos
- Rapid Weight-loss Claims
- No Diet or Exercise Required Claims
- Long-Term/Permanent Weight Loss Claims
- Clinically Proven/Doctor Approved Claims
- Natural/Safe Weight Loss Claims
Certainly it can be difficult to stay abreast of the numerous types of false claims used in weight loss advertising. And new misleading claims and techniques may arise in the future. To stay abreast, use the Search function on the FTC's home page (www.ftc.gov), entering the words "weight loss advertising" in the search box to locate new reports or weight loss cases. The FTC provided several Web sites to inform concerned advertisers and media executives about fraudulent weight loss claims:
In addition, there are ways to help inform consumers about healthy weight loss. The FTC provides several of its weight loss banner ads (at www.ftc.gov/ftc/consumer/partners_banners.html) available for posting on other web sites to provide advice on healthy weight to consumers. FTC sites providing consumer information are:
Finally, given the serious health problems associated with the rising obesity levels in the U.S., advertisers must take special care to substantiate claims regarding the performance of their specific products or programs. Extra care is needed when the health of consumers is involved. The findings of NARB Panel #129 reiterate the need to provide support specific to the program and the claims made. The FTC's recent finding that obviously false weight loss claims are declining suggests concerned advertisers and media executives are making important contributions to improving the accuracy of advertising. Staying informed about deceptive weight loss advertising should help the industry to make further strides in effective self-regulation.
(Dr. Jan Wicks is an Associate Professor at the University of Arkansas and a NARB Public Member)
Observations of a NARB Panelist
by Mark Serrianne
For the past six years, I have had the privilege of serving on the NARB. I don't use the word "privilege" loosely because the responsibility, personal learning and association have been quite beneficial and rewarding.
Like many others in our industry, I had been fairly disconnected from the NAD, apart from a rudimentary picture of what goes on there. I generally knew it as an industry self-regulatory body that helps bring peace to advertiser conflict and saves advertisers big legal costs by settling activity out of court.
These perceptions actually proved to be quite accurate. Eye-opening, however, was the management quality, dedication, sophistication, and selfless volunteerism embedded in the organization and its processes. The legal team and executives at NAD are first rate. They are rigorous in the protection of consumers, thorough in the assessment and evaluation of issues, and refreshingly blunt in the clarity and recommendations of their rulings.
Each and every case has been unique and challenging. From a human interest standpoint, I have been witness to some surprising courtroom theatrics. But more often, the exhaustive research findings and thorough presentations of data from expert witnesses have served as sound foundations for decision-making.
First and foremost, I've learned that the work of NAD and engagement of NARB panelists is serious stuff. Rulings generally have far-reaching financial implications as they relate to copy claims, claim support, visualization, creative interpretation, packaging presentation and other factors. For large national advertisers, the cost of material revisions and media spending adjustments can be substantial. Moreover, rulings often have a direct impact on marketing strategy and positioning, which has cascading implications. While an advertiser can certainly thumb its nose at the outcome of a decision and take the matter to court, the forum and professionalism of the process keep this to an absolute minimum.
Knowing this, I am pleased to report that in virtually every case I've seen, NARB panelists have been thoughtfully chosen and thoroughly prepared. These unbiased jurists are drawn from a volunteer pool of well-regarded educators, advertisers and agencies. Frankly, it is flattering to be in their company. I have benefited from listening to their views and have enhanced my career and business with new connections to such dedicated professionals.
I have also observed advertisers who've steadfastly defended and challenged cases with the highest of intentions. Their convictions are thoroughly documented, expertly presented, and debated in forum of mutual respect. This backdrop enables NARB panelists to deliberate thoughtfully and arrive at a fair decision.
Most important, I've learned the ultimate beneficiary of this self-regulatory process is the consumer - a consumer who deserves an honest and provocative presentation of a selling message. How fortunate we are to work in an industry that champions and safeguards creativity and truth in the same breath.
(Mark Serrianne is CEO of Northlich and was a NARB Member from 2000-2006)
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With the close of 2005, four board members have completed their terms of service to the National Advertising Review Board.
Appeal of the NAD Final Decision Regarding Advertising
Appeal of NAD Final Decision
Appeal of NAD Final Decision
