Senate Commerce, Science and Transportation Subcommittee on Consumer Protection, Product Safety, and Insurance Hearing
Federal Information & News Dispatch, Inc. |
Good morning. My name is
CRN, founded in 1973 and based in
Weight management is a serious issue. According to the 2013 Gallup-Healthways Well-being Index, the number of adults in the U.S. who need to be more conscious of their weight continues to climb: 27 percent are classified as obese, and another 35 percent are considered overweight. n1 At the same time, a Gallup poll from last November indicates that 51 percent of Americans say they want to lose weight, but just under half of them - only 25 percent - say they are seriously trying to lose weight. n2
So it's not surprising that these statistics translate into many Americans who are eager to drop a few pounds. We empathize with the many Americans who are vulnerable to false promises for losing weight fast with everything from rubber pants and bracelets, to sprays, creams, exercise gadgets and dietary supplements. Collectively, Americans spend about
Now let's be clear: a number of dietary ingredients in weight loss supplements, when combined with moderate exercise programs and sensible eating, have been shown in well-regarded clinical trials to be safe and effective for weight management. The truth is that many dietary supplements, meal replacement programs and specially formulated foods can be beneficial as part of a weight management program. They can increase weight loss over diet and exercise alone, and can help people lead more active lifestyles that help to keep the pounds off.
At the same time, however, other products make outrageous claims that promise the weight will fall off without changing what you eat, and without exercise. Some products tout the latest "miracle" ingredients, falsely claim to be "clinically proven" and may not even contain the levels of ingredients they promote. Some scammers trap consumers in fraudulent credit card programs or offer money-back guarantees but become impossible to track down when the product doesn't work. And that is the reality of the current weight loss market: it is a tale of two industries - with legitimate manufacturers who responsibly produce products that work and make claims for their products within the bounds of the law, and unscrupulous players who prey on desperation and the insatiable desire to be thin, and will say almost anything to make a quick profit. Along with consumers who are duped by false and misleading claims, the responsible supplement industry, who complies with these standards, also stands to lose when unscrupulous marketers take advantage with misleading and unsupported ads.
CRN is also greatly concerned about the ingredients found in some weight loss products that masquerade as dietary supplements for weight loss. Despite their labeling claims of being "all natural" and "completely safe," some of these products contain prescription drug ingredients and are illegally and erroneously marketed as dietary supplements.
Just as DSHEA calls on
CRN has publicly supported--and will continue to applaud the numerous enforcement actions brought by the FTC in recent years and the more than
For example, FTC's recently released "Gut Check" Guide offers tips for media to help identify weight loss claims that are likely to be too good to be true. It cautions media to review advertising before accepting it because certain claims from advertisers may be a tip-off to deception if the product claims to:
1.cause weight loss of two pounds or more a week for a month or more without dieting or exercise;
2.cause substantial weight loss no matter what or how much the consumer eats;
3.cause permanent weight loss even after the consumer stops using the product;
4.block the absorption of fat or calories to enable consumers to lose substantial weight;
5.safely enables consumers to lose more than three pounds per week for more than four weeks;
6.cause substantial weight loss for all users; or
7.cause substantial weight loss by wearing a product on the body or rubbing it into the skin.
FTC also provides similar tips in its consumer information article "Weighing the Claims in Diet Ads," which warns consumers about ads promising quick and easy weight loss without diet or exercise and what claims are most likely to be untrue.
However, the reality is that in this internet age, along with the proliferation of cable television, talk radio and various online media, and increasing pressures for shrinking ad revenue among print media, both the FTC and
In 2006, CRN began an industry program with the
Almost 20 percent of all the cases the CRN-funded program with the NAD has considered involve claims for weight loss. Commonly recurring problems with these claims include promoting that the ingredients are "clinically proven" or "doctor recommended" when they are neither; claiming clinical research for a product when the study did not examine the same ingredients or ingredients at the same levels as they appear in the product, and test results that are wildly overstated in the advertising. While participation by the advertiser is voluntary, in cases where the advertiser refuses to participate, or where the NAD becomes aware that the advertiser fails to implement the changes recommended in the decision, those cases are referred to the FTC for review and possible legal action.
CRN has also developed a Roadmap for Retailers, n10 a six-page brochure to assist those who interact with our consumers, which reminds them that unsupported personal testimonials, promises of cures and treatments, and exaggerated claims that are not supported by the research are both illegal and detrimental to keeping the trust of their customers. CRN also provides "A Dozen Tips for Consumers," n11 to help educate the public how to make savvy purchasing decisions. Separately, we have developed guidelines for the industry for the labeling of caffeine content in dietary supplements and functional foods, a common concern especially among weight loss products, n12 and we maintain a Code of Ethics for CRN members. n13
CRN's members are committed to manufacturing and marketing high quality, safe and beneficial products. We are likewise committed to ensuring that consumers receive truthful, accurate and non-misleading information on dietary supplements. We believe that the challenge with weight loss products--whether they are dietary supplements, meal programs, clothing or gadgets--is that American consumers' unrealistic yearnings for a magic bullet align with the temptation for unscrupulous marketers to take advantage of these desires with hollow promises.
Like a successful diet, the solutions are not simple or easy; however, we believe there are four significant steps that can be taken to help address these issues:
1. Expanding and strengthening voluntary programs among manufacturers and marketers of weight loss products, like our initiative with the NAD. These self-regulatory programs help consumers identify products that are likely to work and avoid those that aren't. Third-party certification programs that audit manufacturing practices and test ingredients against label claims can also help responsible marketers to distinguish their products from ones that don't measure up.
2. Increasing resources and priorities for the enforcement of existing legal requirements by both the FTC and
3. Calling on media outlets and online retailers to conduct their own advertising review before accepting advertising with claims that are illegal and simply "too good to be true." Claims of dramatic weight loss that don't require any change in diet or exercise, that promise permanent fat reduction or that offer overnight results are inherently suspect. Media outlets, including newspapers, magazines, radio and television stations, internet websites and social media sites, all have a role in helping to prevent consumer fraud. Incentives for these venues to screen advertising and reject ads that are blatantly deceptive must be strengthened.
4. Educating consumers to be realistic about weight loss strategies and expectations to make them less vulnerable to outrageous and unsupported claims. When consumers better understand that meaningful weight loss occurs slowly and steadily, and that so-called "miracle" products are non-existent, unscrupulous marketers will find less demand for their potions and gimmicks.
CRN shares this Committee's concerns about bad actors in the industry and we denounce false, misleading or deceptive marketing practices--activities engaged in by a few who have damaged the reputation of the responsible industry. We look forward to cooperating with the other witnesses at today's hearing to develop solutions that strengthen the trust of consumers in dietary supplements.
Thank you for the opportunity to share our views with the Committee.
n1 U.S. Obesity Rate Climbing in 2013, Gallup,
n2 Americans' Desire to Shed Pounds Outweighs Effort, Gallup,
n3 Weight Management Trends in the U.S.,2nd ed. (
n4 Unpublished data from
n5 http://www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/ucm073200.htm.
n6 http://www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/ucm103340.htm.
n7 http://business.ftc.gov/documents/bus09-dietary-supplements-advertising-guide-industry.
n10 http://www.crnusa.org/roadmap/.
n11 http://www.crnusa.org/CRNfactsheetconsumertips.html
n12 http://www.crnusa.org/caffeine/guidelines.html.
n13 http://crnusa.org/who_ssr_code.html.
Read this original document at: http://www.commerce.senate.gov/public/?a=Files.Serve&File_id=37b59ba4-f2c9-4745-85df-632b45e9199c
Copyright: | (c) 2010 Federal Information & News Dispatch, Inc. |
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