Losing weight loss claims

Every time I hear about a weight-loss case, filled with promises that a pill will let you shed pounds, fat, and inches without dieting and exercise, I think of My Fair Lady’s flower girl, dreaming in the cold night air about eating chocolates beside a warm fire, and singing wistfully, “Oh, wouldn’t it be loverly?”

The FTC announced the settlement of another weight-loss case today. Spoiler alert – it turns out that the only thing the defendants’ Final Trim and AF Plus capsules were sure to trim were the wallets of consumers, who dropped $16.4 million over just three years buying them.

The case was brought jointly by the FTC and the Maine Attorney General’s Office against Anthony Dill, his wife, Staci, and their companies, Original Organics and Direct Alternatives. According to the complaint, the defendants had no scientific evidence to support their claims that their capsules let users “shed pounds in days,” “lose 30 pounds or more” without changing diet, and “keep eating your favorite foods and STILL lose pounds and inches – in fact we guarantee it!”

The complaint said the defendants used radio ads and promised “risk-free trial” offers, but actually enrolled people in continuity plans in which they were charged a minimum of $79.90 for their orders. According to the complaint, people who tried to cancel found it difficult to reach a customer service representative or were told they were too late.

The settlement prohibits the defendants from making false or unsubstantiated claims about any supposed weight-loss product, dietary supplement, food, drug, or cosmetic product. It bars them from selling their products using bogus risk-free trial offers and from ballyhooing refund and cancellation policies without disclosing their terms. It also requires them to surrender assets valued at more than $1.5 million, including a vacation home, investment and retirement accounts, life insurance policies, two snowmobiles, a boat, and diamond earrings.

For the skinny on fake weight-loss claims, please read our article, Weighing the Claims in Diet Ads.

Blog Topics: 
Health & Fitness

Comments

Given the fact that they actually stole people's money, why not jail sentences?

We request that you carefully review and take appropriate action on the following company Le-Vel Brands, LLC 9201 Warren Pkwy, Suite 200 Frisco, Texas 75035 (866) 523-6639 THRIVE DFT Diet Patch The webpage specifically for the THRIVE DFT Diet Patch can be found at
The DFT in THRIVE DFT stands for “Derma Fusion Technology”. The product is a patch that is allegedly infused with Le-Vel’s “THRIVE Lifestyle Formula” and is intended to infuse the derma (skin) with the THRIVE Lifestyle Formula. The company makes similar claims for THRIVE DFT to those claims made for its dietary supplement products in tablet and powder form, including that it is useful for “healthy weight management”. In addition to various weight-loss claims and other structure-function claim, the Section 6 of DSHEA disclaimer, also set forth in 21 CFR 101.93, is provided at the bottom of the page. In addition to the THRIVE DFT Diet Patch, the company also markets and sells the THRIVE DFT Ultra Diet Patch, which has an 82% larger surface than the original THRIVE DFT and is getting ready to launch the THRIVE DFT BLACK LABEL patch in August of 2015.

Of course, as I don’t need to tell you, a product intended for topical application to be absorbed through the skin cannot, by definition, by marketed and sold as a dietary supplement, because dietary supplements must, by definition, be intended for ingestion. Any products intended for topical application and dermal absorption may only be legally marketed and sold as cosmetics or drugs. If a product is intended to diagnose, treat, cure or prevent a disease, it is a drug. If a product is intended to affect the structure or function of the body, it is a drug, unless it is promoted specifically for cleansing, beautifying, promoting attractiveness or altering the appearance of the body. Thus, the whole line of THRIVE DFT Diet Patches may not be legally sold as dietary supplements or cosmetics and are thus unapproved new drugs. thanks

This is not the place to submit a complaint about fraud.

If you spot a fraud, you can report it to the FTC at ftc.gov/complaint. The details you give will go into a database that law enforcement uses for investigations.

Blog comments don't go into the database.

I agree with you. My girlfriend is sucked up in this stuff and I got tangle in it too. Thank god I got off the bandwagon. Did you file your complaint?

Pyramid Scheme called "Le-vel Thrive" is a fast growing problem, that the FTC & FDA NEED to address immediately! Facebook is full of "promoters" preying on their "friends & family"! Why are these schemes able to flourish in the United States? Why does are country not protect its citizens from this and many other schemes similar to it?
For shame FTC!
Protect your citizens!
Be proactive!
Don't wait till a problem already exists!
Act Now!
Please & thank you!

Unfortunately, we cannot address complaints if they are submitted through the blog comments.You can file a consumer complaint with the Federal Trade Commission (FTC) at www.ftc.gov/complaint. Watch this video to learn more about how to file a complaint with the FTC and why it matters.

 

IMHO I don't believe in any of the weight loss products. I think they're all scams and all should be pulled off the market. They aren't healthy for people at all. Taking down people who advertise wrong is one step but it needs to go further.

I just ordered Garcinia Cambogia Premium and Prolean both in the same add. I had a verification arrive a couple days ago that showed 4.95 as amt that would be charged to my debit card. then i looked at my online acct and see charges for 2.76 and 4.74 for prolean and 2.99 and 4.96 for the Garcinia Cambogia Premium. today I received 1 bottle of Garcinia with the phone # to contact them and I have been on the phone for the last 3 hrs with both companies trying to get a refund. The add said trial bottle, which implies free, and no shipping. So call me stupid. Then if you do try and do nothing you will be billed $90+ for one and 129+ for the other which is in the small print on the Garcinia but never saw anything on the Prolean (which I went back to look at after the fact, I did not see this when i ordered)So I call each place and basically beg to be allowed to return the bottle i had and the one i had not gotten yet (both at 2 different companies) I got a code and return # for the Garcinia but who knows if they will actually not bill me more. The Prolean would not let me get that far, said i had to try it, then call them and if i didn't like it i could return it and get out of the program. Both calls were to offshore #'s. They were 800 # so i pray it was not a toll call as i was on the phone for a long time. Not sure if i should have my phone # changed. I ended up closing my debit card and will have to pay $ to get another one. These adds are so slick and you assume you can trust with pay pal, norton etc all on there it is a reputable company. Not so. Sneaky etc. I pray this learning lesson will not cost an arm and a leg. I am 65 and on a limited (very) income like 800$ soc sec. Old and stupid.
so if you see an add for Garcinia Cambogia Premium and prolean do not get suckered in.

Thank you for sharing your experiences. Unfortunately, we cannot address complaints if they are submitted through the blog comments. Please report your experience at ftc.gov/complaint.

Watch this video to learn how to file a complaint with the FTC and why it matters

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