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Posted June 21, 2005
FTC Settles Claims with Marketers of FiberThin and Propolene
According to the FTC, the defendants used a television infomercial, short TV spots, and Web sites to market FiberThin and Propolene, two fiber-based dietary supplements they claimed would cause rapid, substantial weight loss without any need to diet or exercise. The supplements were marketed together with two purported metabolism enhancers, Excelerene and MetaboUp. FiberThin and Propolene purportedly contain glucomannan, while MetaboUp and Excelerene purportedly contain green tea, chromium, and bitter orange. The defendants charged $99.80 and $89.95, respectively, for 60-day supplies of FiberThin/MetaboUp and Propolene/Excelerene, and offered a “Take it Off, Keep it Off” automatic shipping program that would send consumers additional supplies for $29.95. The defendants advertised these products through a 30-minute television infomercial that aired on numerous television stations, including The Learning Channel, PAX Family Entertainment Network, Home and Garden TV, and CNBC.
In December 2003, the FTC announced its “Red Flag” campaign to educate members of the media about different types of bogus weight-loss advertising claims. The FTC’s complaint charged that the defendants made “Red Flag” claims in their ads, including that the product would cause rapid, substantial weight loss (more than 2 pounds per week) without the need to diet or exercise; that weight loss would occur no matter what the consumer ate; and that weight loss would occur in all users. The FTC also alleged that the defendants used “expert endorsers” on their infomercial and other TV ads to make “Red Flag” claims.
The FTC’s complaint named FiberThin, LLC and Obesity Research Institute, LLC; their owners, Henny Den Uijl and Bryan Corlett; and the “expert endorsers,” James Ayres and Jonathan M. Kelley, M.D., as defendants.
The stipulated final order permanently bars the defendants from making the challenged “Red Flag” claims and unsubstantiated claims for any weight-loss product, dietary supplement, food, drug, or device, or misrepresenting any scientific study for the purposes of marketing a dietary supplement. Defendants FiberThin, Obesity Research Institute, Henny Den Uijl, and Bryan Corlett are required to pay $1.5 million in consumer redress; the order contains a $41 million suspended judgment, which will become immediately due if it is found that the defendants misrepresented their financial situation. The order also contains standard recordkeeping provisions to assist the FTC in monitoring the defendants’ compliance.