Claire McCaskill United States Senator

 

July 11, 2014

Dear Mr. Murphy,

Thank you for contacting me regarding weight-loss scams.  I appreciate hearing from you, and I welcome the opportunity to respond.

Weight-loss is a difficult and deeply personal challenge.  Some weight-loss products such as food additives, skin creams, and dietary supplements, which knowingly promise false results, take unfair advantage of individuals trying to achieve their weight loss goals.  I have heard from dozens of Missourians about weight-loss scams in just the past year alone.  These practices are unacceptable.
As Chairman of the Consumer Protection, Product Safety and Insurance Subcommittee, I held a hearing on June 17, 2014 to shine a light on the widespread deception being aimed at individuals by marketers of weight-loss products.  We heard from a variety of stakeholders including government regulators, representatives of the dietary supplement industry, the media, and online advertising companies because all involved share a responsibility to ensure deceptive advertising is not tolerated and that when it does occur those responsible are held accountable.

I posed tough questions to daytime TV host Dr. Mehmet Oz on his frequent claims about "miracle" products and his role -- intentional or not -- in fueling the false advertising around weight-loss products.  During the hearing, I also explored options for regulators and industry to crack down on deceptive practices and urged media outlets to strengthen screening of false advertising.

The problem of deceptive advertising is not new.  Since 1927, the Federal Trade Commission (FTC) has filed more than 250 cases challenging false and unproven weight-loss claims, including a recent $34 million settlement with four companies -- Sensa, L'Occitane, Inc., HCG Diet Direct, and LeanSpa, LLC.  These companies falsely advertised their products with unfounded weight-loss claims and misleading endorsements.  The FTC also issued updated guidance for publishers and broadcasters on how to spot deceptive weight-loss claims when screening advertisements for publication.  I am pleased that the FTC has taken initial steps to crack down on fraudulent and deceptive diet scams, but I believe this is only the tip of the iceberg.  During the hearing, I called on publishers and broadcasters to quickly implement these new guidelines. 

If you purchased products from any of the four companies involved in the settlement, you may be eligible to receive a refund for your purchase.  It is important to note that refund administration for consumer redress takes time.  Please visit http://www.ftc.gov/enforcement/cases-proceedings/refunds for the most up-to-date information regarding available refunds.  

Since coming to the Senate, I have worked to create robust protections for consumers.  With my strong support, Congress has cracked down on unfair practices by for-profit universities and banks that target veterans, among other initiatives.  I also strongly supported legislation requiring credit card companies to provide more notice and clearer disclosure of rate increases and fees.  In my role as Chairman of the Subcommittee on Consumer Protection, Product Safety, and Insurance, I will continue to remain focused on ensuring that sound consumer protections are in place and accurately enforced.

Again, thank you for contacting me. Please do not hesitate to contact me in the future if I can be of further assistance to you on this or any other issue.

Sincerely,

Claire McCaskill
United States Senator

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