FTC Charges Direct Marketers of Ephedra Weight Loss Products With Making Deceptive Efficacy and Safety Claims
July 1, 2003
The Federal Trade Commission announced three enforcement actions against direct marketers of weight-loss products containing ephedra. The two settlements and one complaint, filed in U.S. district court, target deceptive efficacy, safety, and "no side effects" claims for weight loss supplements containing ephedra (also known as Ma Huang). The FTC actions challenge false advertising claims that the ephedra supplements cause rapid, substantial, and permanent weight-loss without diet or exercise, and that "clinical studies" or "medical research" prove these claims. The FTC also challenges claims that the ephedra weight-loss products are "100% safe," "perfectly safe," or have "no side effects."
The FTC previously brought four enforcement actions challenging deceptive safety and "no side effects" claims for ephedra supplements marketed for body-building and energy, and as alternatives to street drugs like Ecstasy.
"In these cases, the marketers both overstated the benefits and understated the risks of using the products," said Howard Beales, Director of the FTC's Bureau of Consumer Protection. "With these enforcement actions, we're putting the marketers of ephedra supplements on notice that the law demands substantiation for your advertising claims, and the FTC will do its best to make sure you have it."
The two settlements announced require Health Laboratories of North America, Inc., USA Pharmacal Sales, Inc., and their principals to stop making false and deceptive advertising claims, to include warnings about the health risks of ephedra and certain other products, and to pay a total of $370,000 in consumer redress.
-- Article Courtesy of InjuryBoard.com
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