WASHINGTON - Now that you've indulged in all those holiday goodies and made
that New Year's resolution to shed some pounds, the government says don't count
on a diet pill to help.
 In this March 19, 2003, file photo, a bottle of Xenadrine RFA
formula with ephedrine lies in front of a new formula of the medicine, the
EFX version, without the ephedrine in South Brunswick, N.J. The Federal
Trade Commission on Thursday fined the marketers of four weight loss
pills, including Xenadrine EFX, millions of dollars for making false
advertising claims. [AP]
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The Federal Trade Commission said
Thursday it was fining the marketers of four weight-loss drugs a collective $25
million for false advertising claims. Despite that, the pills ! Xenadrine EFX,
CortiSlim, One-A-Day WeightSmart and TrimSpa ! will remain on store shelves.
"It is resolution time again, isn't it?" said FTC Chairman Deborah Platt
Majoras. "We're implementing our resolution to fight back against companies that
use deceptive advertising claims."
Some of the products marketed their claims through infomercials or celebrity
endorsements. Anna Nicole Smith, for example, has endorsed TrimSpa.
"Testimonials from individuals are not a substitute for science," Majoras
said. "And that's what Americans need to understand."
The FTC investigated a variety of claims, including rapid weight loss and
reduction in the risk of osteoporosis, Alzheimer's and even cancer, Majoras
noted.
The largest fine was levied against the marketer of Xenadrine EFX, made by
New Jersey-based Nutraquest, Inc., formerly known as Cytodyne Technologies. The
marketers will pay at least $8 million and as much as $12.8 million. The
marketer was identified as RTC Research & Development, LLC, based in
Manasquan, N.J.
Majoras said Xenadrine had a study showing that people who took a placebo
lost more weight than those taking the pill. The FTC's investigation also found
that consumer endorsers ! people who appear in the before-and-after pictures in
many ads ! lost weight by engaging in rigorous diet and exercise programs.
A $12 million fine was assessed against Window Rock Health Laboratories,
based in Brea, Calif., the marketers of CortiSlim. Majoras said CortiSlim
falsely promised that all users would see permanent and fast weight loss, and
that its TV infomercials were "deceptively formatted" to appear as talk shows
rather than ads.
The Bayer Corp., based in Morristown, N.J., will pay a $3.2 million civil
penalty to settle the claims. The FTC said Bayer marketed One-A-Day WeightSmart
with unsubstantiated claims including that it increases metabolism. Bayer
violated an earlier FTC order requiring all health claims for its One-A-Day
brand vitamins be supported by competent and reliable scientific evidence.
The marketers of TrimSpa, Goen Technologies Corp., will pay $1.5 million.
Both Goen and TrimSpa are based in Whippany, N.J. The FTC said Goen had
inadequate scientific evidence to support claims that TrimSpa causes rapid and
substantial weight loss.
Marketers for Xenadrine EFX and CortiSlim did not return telephone calls for
comment.
Bayer disagreed with the FTC's description of the company as a marketer of a
weight-loss pill.
"It's a multivitamin," said Tricia McKernan, spokeswoman for Bayer
HealthCare's Consumer Care Division. "We don't market ourselves as a weight-loss
product."
Rather than go through the expense of litigation, Bayer decided the way to
"close this issue" was to settle, McKernan said.
TrimSpa released a statement saying the FTC's investigation of a handful of
its ads was "amicably resolved" without the company's admission of any
liability.
Some of the fines could be returned to consumers who purchased Xenadrine EFX
and CortiSlim. The marketers of the other two drugs paid civil penalties.
Consumers who purchased Xenadrine EFX and CortiSlim directly from the
marketers will be contacted by the FTC about getting their money back. People
who bought the pills over the counter will have to wait a few months for the
agency to put up a public notice on its Web site telling them how to recoup
money.
Dr. Louis Aronne, director of the Comprehensive Weight Control Program at New
York-Presbyterian Hospital/Weill Cornell Medical Center, said people turn to the
pills because they promise results with no effort.
"They make it sound like you don't have to do anything but take the pill,"
Aronne said. He said Congress should regulate diet pills as medication, which
would place much more stringent measures on manufacturers and marketers.
Joan Salge Blake, a professor of nutrition at Boston University, said dieters
should do what they've heard before ! cut calories, eat healthier foods and
exercise.
"If a pill sounds too good to be true, it probably is," she
said.