The media should 'do the right thing' and stop running ads that contain obviously deceptive weight loss product claims, Federal Trade Commission (FTC) chairman Timothy J. Muris told the Cable Televison Advertising Bureau in New York yesterday.
Muris said that ads that make claims and promises that are clearly implausible and false run in "all forms of media, with the notable exception of network TV." He urged members of the media to help protect consumers, as well as the credibility of advertising, by promoting truthful weight loss advertisements.
However fraudulent weight loss ads are on the rise. Muris cited a report issued by the FTC last September that analyzed 300 weight loss ads running in 2001. "We found rampant use of false or misleading claims. Almost 40 per cent made a claim that was obviously false; another 15 per cent made at least one claim that was likely to be false or unsubstantiated. When we compared weight loss ads from 1992 with 2001, the recent ads were much more likely to contain obviously false claims," he said.
And because many deceptive ads run in highly respected publications, they are perceived to be credible.
"We all have a shared stake in promoting truthful advertising. Profit and prosperity are not at odds with ethical advertising," said the chairman.
The FTC is currently developing a list of scientifically unfeasible claims that appear 'repeatedly and fraudulently' in deceptive weight loss ads. Muris urged the media to use this list to monitor their ads. "By identifying false claims, we think we can vastly simplify your job," he stated. He suggested that weight loss advertisements are screened for accuracy, not just taste and appropriateness.
And media members also need to protect consumers. "We can't solve this problem alone, and regulatory powers of government should be the last, not the first, resort. Relying on private initiative brings us closer to the ideals of a free society while providing a powerful incentive to improve performance," he said.
However Muris stressed that the media would not have to take costly steps, such as hiring scientists to review potential ads. The clearance process would simply mean comparing the claims in an ad with the claims on the FTC list and only weight loss products, such as over-the-counter pills, not diets or exercise plans, are to be reviewed.
The chairman also addressed the argument that screening for false weight loss ads raises First Amendment concerns. "The media, appropriately, do have substantial First Amendment protection. Yet, there is no Constitutional right to run false commercial advertising, just as there is no Constitutional right to make false statements about individuals in your news stories. You take extensive steps to prevent defamation. We are asking for modest steps to prevent fraud," Muris said.