- WASHINGTON (Reuters) - The Federal Trade Commission Tuesday told companies
that make popular herbal supplements to be more careful in their advertisements,
minding not only what they expressly tell consumers, but what they imply.
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- Following a year of consultation with
industry groups, consumer organizations and government offices, the FTC
late Tuesday issued a comprehensive guide to help companies that make vitamin,
mineral and herbal supplements avoid misleading, and, in some cases, dangerous
claims about their products. Use of supplements that claim to help people
lose weight, improve their memory and increase their sex drive, as well
as vitamins and minerals, has burgeoned in recent years, raising questions
about labeling and advertising of such products.
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- Scientists estimate that half of all
Americans now use vitamins, minerals or some other form of supplement.
``Consumer use of dietary supplements has increased dramatically in the
last few years. This business guide will go a long way to ensure that consumers
are getting information that is truthful and adequately substantiated,''
said Jodie Bernstein, head of consumer protection for the FTC. Bernstein
urged companies to launch a ``broad-based and rigorous self-regulatory
campaign against false and deceptive advertising,'' warning that the FTC
would continue to vigorously pursue any firm that broke federal law. The
25-page guide describes the basic principles of federal law and uses a
wide range of examples from the supplement industry to illustrate those
principles.
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- For instance, it gave a typical example:
The before and after photographs showed a woman who had lost a lot of weight
-- 20 pounds in eight weeks, according to her testimonial in the advertisement
for a weight loss supplement. Research showed that average weight loss
using the dietary supplement was only six pounds in eight weeks, but the
company had not disclosed that fact in the advertisement, only telling
consumers in fine print: ``Results may vary.''
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- In that case, the disclosure did not
adequately convey to consumers that they would likely see far less dramatic
results, nor was the placement and size of the disclaimer prominent enough
to qualify the claim effectively, the FTC said.
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- To comply with the law, it suggested
that the company include a disclaimer adjacent to the quote from the woman,
in equal print size, that said, ``These results are not typical.'' ``To
ensure that disclosures are effective, marketers should use clear language,
avoid small type, place any qualifying information close the claim being
qualified, and avoid making inconsistent statements ... that could undercut
or contradict the disclosure,'' it said.
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