Diet Pills and Consumer Fraud

Nearly every diet pill ad one sees is loaded with promises of miracle weight loss. But at what point do these marketing embellishments become outright fraudulent claims? More importantly, how long will the manufacturers of these alleged health products be allowed to cross the line? Many diet pills that were found to be effective in the past ended up having some very serious long- term side effects. Other pills had short, explosive life spans and some diet pills just seem to plug right along. The one thing that remains consistently true about the diet pill industry is that there always seems to be a new “miracle breakthrough” in weight loss supplements. And they all come loaded down with promises that seem too good to be for real and cannot be easily verified.

In August of 2003 Cortislim hit the market as the latest miracle weight loss pill. Cortislim promised to reduce unwanted fat around the abdomen by reducing levels of the “stress hormone” called cortisol. Infomercials were broadcast nationwide on several popular cable channels including the Travel Channel, Discovery Channel, and Access Television. The makers of Cortislim made a number of claims which included the following:

1. Cortislim causes weight loss of at least 10 to 15 pounds in all users.
2. Produces weight loss of 4 to 10 pounds per week for multiple weeks.
3. Causes significant weight loss around the abdomen, stomach, and thighs.
4. Causes rapid and substantial weight loss.
5. Use of Cortislim results in long-term permanent weight loss.

However, in October of 2004 the Federal Trade Commission charged the makers of Cortislim with making false and/or fraudulent claims in their advertisements. According to the FTC, the above claims were false and there was no research to support such claims. Cortislim eventually withdrew their original advertising campaign and chose to adopt a tamer approach, but not before lawyers started collecting signatures for a class-action lawsuit against the company.

Unlike prescription drugs, the producers of over-the-counter and herbal remedies can make whatever claims they want to about their products without being required to produce any study results to back up their claims. This creates a green light for companies to say whatever they want in an effort to sell their products. The makers of Cortislim made approximately 50 billion dollars with their advertising “strategies.”

The good news is that when the government finally does step in and put a company in its cross hairs, lawsuits almost always follow. This results in some diet pill producers adopting less aggressive, more honest advertising strategies. These patterns will most likely continue, and if the FTC stays aggressive in pursuing false advertising, the incentives for bad marketing practices on unproven diet pills will eventually decrease. Bottom line: Buyer beware and always research dieting products thoroughly before investing a large sum of money into any of them.