FTC Issues Updated Media Guidance For Screening Fake Weight Loss Claims

On January 7, 2014, the Federal Trade Commission announced "Operation Failed Resolution", targeting false and deceptive claims made by marketers of weight loss products.  As part of this initiative, the FTC issued updated guidance for use by the media to help them spot phony weight-loss claims when screening ads for publication.  Along with the release of this media guidance, the FTC also announced the settlement of four enforcement actions against companies marketing foods, cosmetics or dietary supplements.  In connection with these weight-loss and similar cases, there appears to be disagreement among the Commissioners as to a substantiation rule that would require two "randomized controlled trials" to substantiate health and disease-related claims.