Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Healthe Trim supplement marketer settles FTC deceptive ad charges, (Sep 11, 2014)

By Greg Hammond, J.D.

John Matthew Dwyer III and HealthyLife Sciences, LLC have agreed to settle FTC charges that they engaged in deceptive advertising with regard to the supplement—Healthe Trim. According to the Commission, Dwyer and HealthyLife falsely advertised that Healthe Trim would burn fat, increase metabolism, suppress appetite, and lead to substantial weight loss (In the Matter of Dwyer, File No. 122 3287) and (In the Matter of HealthyLife Sciences, LLC, File No. 122 3287).

In its complaints against both Dwyer and HealthyLife, the FTC alleged a number of advertisements, including radio and television ads, that were false or unsubstantiated, including representations that stated “Get High School Skinny” and “Healthe Trim is clinically proven to help you lose weight.” Specifically, the Commission alleged that Dwyer and HealthyLife violated the FTC Act by falsely claiming Healthe Trim products: (1) cause substantial weight loss, including as much as 35, 50, 130, and 165 pounds; (2) cause weight loss without the need to diet, give up any foods, or make any changes in lifestyle; (3) burn fat and cause fat loss; (4) boost metabolism; and (5) suppress appetite. In addition, the Commission claimed that the defendants falsely advertised that scientific studies prove Healthe Trim causes weight loss, when there was no difference between test groups taking Healthe Trim and test groups taking a placebo.

“Losing weight is rarely easy, and it would be a miracle if a pill made it so,” stated FTC Director of the Bureau of Consumer Protection, Jessica Rich. “Consumers should be skeptical when a product like this one claims to make weight loss easy.”

The Dwyer consent order permanently bans Dwyer from promoting, selling, or distributing any weight-loss product or program. In addition, the HealthyLife consent order prohibits the company from making any representation regarding a product’s ability to cause weight loss; substantial weight loss; rapid weight loss; weight loss without the need to diet, give up any foods, or make any changes in lifestyle; users to burn fat or lose fat; an increase in users’ metabolism; or suppression of appetite—unless such representations are substantiated by competent and reliable scientific evidence. Both parties are also banned from making false representations about the health benefits, performance, or efficacy of covered products, or from misrepresenting any scientific study or evidence.

Attorneys: Curt Friedberg (Asset Recovery Associates, LLC) for HealthyLife Sciences, LLC. Christine L. DeLorme and Elizabeth Nach, counsel for the Federal Trade Commission.

Companies: HealthyLife Sciences, LLC

News: Advertising ConsumerProtection FederalTradeCommissionNews