YellowJacket
Banned
WASHINGTON (CNN) -- The Federal Trade Commission reached an agreement with the marketers of a widely advertised weight-loss product Thursday to end what regulators called deceptive advertising on hundreds of radio stations nationwide.
If approved by a court, the agreement between the FTC and Mark Nutritionals Inc., of San Antonio, Texas, would require the company to drop the term "weight loss" from its Body Solutions Evening Weight Loss Formula.
Howard Beales, the FTC's consumer protection director, said the company claimed buyers could lose substantial amounts of weight permanently without diet or exercise, even while eating high-calorie foods.
"This was bilingual deception, with defendants peddling their product using both English- and Spanish-language testimonials from popular radio disk jockeys," Beales said.
The ads aired on about 650 radio stations in 110 cities, he said.
"These DJs gave testimonials making patently false claims such as, 'Thanks to Body Solutions' lose-weight-while-you-sleep formula, I can have my bacon, sausage and grits and still lose weight,'" Beales said.
The FTC filed a complaint and submitted a stipulated preliminary injunction against Mark Nutritionals Thursday to a federal judge in San Antonio.
The company filed for bankruptcy protection in September but continues to operate. Company officials couched the agreement as part of its reorganization effort, saying it was "part of our commitment to lead the industry by example."
"Several state attorneys general have made similar claims, and we are confident that, working cooperatively with them, we can also address their concerns," Mark Nutritionals CEO Larry Cochran said in a prepared statement.
If approved, the agreement would forbid the company from making deceptive claims and preclude the use of the term "weight loss" in the product's name, the FTC said.
If approved by a court, the agreement between the FTC and Mark Nutritionals Inc., of San Antonio, Texas, would require the company to drop the term "weight loss" from its Body Solutions Evening Weight Loss Formula.
Howard Beales, the FTC's consumer protection director, said the company claimed buyers could lose substantial amounts of weight permanently without diet or exercise, even while eating high-calorie foods.
"This was bilingual deception, with defendants peddling their product using both English- and Spanish-language testimonials from popular radio disk jockeys," Beales said.
The ads aired on about 650 radio stations in 110 cities, he said.
"These DJs gave testimonials making patently false claims such as, 'Thanks to Body Solutions' lose-weight-while-you-sleep formula, I can have my bacon, sausage and grits and still lose weight,'" Beales said.
The FTC filed a complaint and submitted a stipulated preliminary injunction against Mark Nutritionals Thursday to a federal judge in San Antonio.
The company filed for bankruptcy protection in September but continues to operate. Company officials couched the agreement as part of its reorganization effort, saying it was "part of our commitment to lead the industry by example."
"Several state attorneys general have made similar claims, and we are confident that, working cooperatively with them, we can also address their concerns," Mark Nutritionals CEO Larry Cochran said in a prepared statement.
If approved, the agreement would forbid the company from making deceptive claims and preclude the use of the term "weight loss" in the product's name, the FTC said.
