Scholars argue that regulators and celebrities must work to halt ads for miracle weight loss products.
Celebrity endorsements draw heightened public attention.
U.S. Senator Maggie Hassan (D-N.H.) questioned Mehmet Oz, a former television host and the administrator of the Centers for Medicare & Medicaid Services, about his advertisement of miracle weight loss products (MWLPs)—over-the-counter supplements that promise impossible results to consumers who seek to lose weight—during a recent congressional hearing.
During a congressional hearing in 2014, former U.S. Senator Claire McCaskill (D-Mo.) claimed that Oz’s promotion of “miracle” supplements “gives people false hope.” Oz responded that he “believes in” the MWLPs that he promoted on television, but he also acknowledged that the products lack “scientific muster.”
In a recent article, practitioner Nicholas Cardaci, Marilyn Bromberg of the University of Western Australia, and Kathy Luong of Australia’s University of Queensland argue that regulators and celebrities must work together to halt deceptive MWLP advertising, especially on social media.
Unlike advertisements for prescription medications such as Ozempic, advertisements for MWLPs promise results that are impossible for consumers to achieve, Cardaci, Bromberg, and Luong explain. MWLPs also differ from common medications for weight loss because they are not approved by the U.S. Food and Drug Administration (FDA), they note.
Because MWLPs are often promoted as an “easy fix” for obesity and related health issues, some consumers may opt for these products instead of seeking medical care, Cardaci, Bromberg, and Luong explain. They add that economic hardship can drive people to choose MWLPs over doctor visits and prescription medications.
The unfortunate reality is that advertisers promote MWLPs in a deceptive manner by making false claims, Cardaci, Bromberg, and Luong emphasize. Cardaci, Bromberg, and Luong list seven types of false claims that occur in advertisements for MWLPs, including promises of substantial weight loss regardless of what the consumer eats, and claims that products can block the absorption of fat to enable substantial weight loss.
So, which agencies are equipped to handle the deceptive promotion of MWLPs? In the United States, the FTC and FDA share responsibility for regulating MWLPs, Cardaci, Bromberg, and Luong note. Although FDA regulates over-the-counter supplements, the FTC has primary jurisdiction over the regulation of advertising.
The FTC regulates advertising for MWLPs by enforcing the Federal Trade Commission Act of 1914. False or deceptive advertisements violate the FTC Act, Cardaci, Bromberg, and Luong contend. Under the law, an advertisement is false or misleading if it is likely to deceive a reasonable consumer.
To illustrate how the law can combat deceptive MWLP advertising, Cardaci, Bromberg, and Luong cite FTC v. Sensa, where the FTC filed a federal-court lawsuit in 2014 against a company and executives that advertised a food additive that would cause weight loss without any dietary changes or exercise.
In an order agreed to as part of a settlement, the court barred the company from “making any health claims not supported by competent and reliable scientific evidence.”
Cardaci, Bromberg, and Luong compare the United States’ enforcement-based approach, which relies on the Federal Trade Commission (FTC), and the United Kingdom’s self-regulatory approach, under which government oversight supplements the broader advertising industry’s policies and norms.
In the United Kingdom, Parliament passed the Consumer Protection from Unfair Trading Regulations to prohibit “unfair marketing to consumers, including misleading or aggressive advertising,” Cardaci, Bromberg, and Luong add.
The United Kingdom has two bodies that regulate advertising for MWLPs: the Advertising Standards Authority and the Committee of Advertising Practice.
Unlike in the United States, corporate leaders in the United Kingdom play a more direct role in rulemaking and enforcement of legislation, Cardaci, Bromberg, and Luong contend. The Advertising Standards Authority has corporate leaders that sit on a board as part of its formal leadership structure, they add.
Two-thirds of the board must be independent of the advertising industry to ensure that the Authority can still maintain some neutrality, Cardaci, Bromberg, and Luong explain.
Cardaci, Bromberg, and Luong also note that legislation in the United Kingdom, including the U.K. Code of Non-Broadcast Advertising and Direct & Promotional Marketing provides greater regulation than the FTC Act, by including a section called “Weight Control and Slimming.” Notably, the section mandates that weight loss claims “must be backed by rigorous trials on people.”
Cardaci, Bromberg, and Luong urge lawmakers in both the United States and the United Kingdom to pass legislation that would render “specific false and misleading representations” illegal. They contend that legislation that renders misleading advertisements for MWLPs illegal would likely deter advertisers from generating deceptive advertisements in the first place.
As regulators continue to adopt additional regulations of advertisements for MWLPs, Cardaci, Bromberg, and Luong argue that collaboration between lawmakers and celebrities is necessary.
Celebrities can influence policy, Cardaci, Bromberg, and Luong argue. They highlight actress Jameela Jamil’s collaboration with private sector media companies, including Instagram, to ban advertisements for MWLPs on Facebook and Instagram for users who are minors.
Jamil began her work with Instagram by leading a petition with over 245,000 online signatures to request that Instagram ban posts that include MWLPs.
Cardaci, Bromberg, and Luong advocate partnerships between governments and celebrities to increase awareness of the importance of truthful and accurate health advice.
After all, the public often understands celebrity discourse more easily than legal discourse, Cardaci, Bromberg, and Luong argue. Celebrity messaging does not include legal jargon, which allows for better comprehension of messaging among the broader public, they explain.
Celebrities can produce messaging more quickly, including through social media and public speaking engagements, than courts and legislators can complete formal legal processes.
Despite the benefits of celebrity advocacy, the law is also necessary to codify restrictions on product advertising and enforce consequences when advertisers for MWLPs do not comply with the law.
In tandem, lawmakers and celebrities can play a role in preventing deceptive messaging about MWLPs from reaching the public, Cardaci, Bromberg, and Luong conclude.
