Marketing Expert Witnesses; FTC Enforcement On Weight Loss Products

Marketing expert witnesses may opine on market analysis, advertising, false advertising, branding, and related matters. The FTC has announced the law enforcement initiative “Operation Failed Resolution” directed at stopping national marketers using deceptive advertising claims to sell fad weight- loss products, from food additives and skin cream to dietary supplements. Read the 1/7/14 press release:

The marketers of Sensa, who exhorted consumers to “sprinkle, eat, and lose weight” – will pay $26.5 million to settle Federal Trade Commission charges that they deceived consumers with unfounded weight-loss claims and misleading endorsements.  The FTC will make these funds available for refunds to consumers who bought Sensa.

“Resolutions to lose weight are easy to make but hard to keep,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection.  “And the chances of being successful just by sprinkling something on your food, rubbing cream on your thighs, or using a supplement are slim to none.  The science just isn’t there.”

In total, the weight-loss marketers will pay approximately $34 million for consumer redress.  In addition to the $26.5 million to be paid by Sensa, L’Occitane, Inc. will pay $450,000, and the LeanSpa settling defendants will surrender assets totalling an estimated $7.3 million.  The judgment against the HCG Diet Direct defendants is suspended due to their inability to pay.


About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

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