Diet pills have met with many different destinations and come with many different promises. But at what point is the line crossed between misleading advertising and outright fraud? And for how long will medical devices be allowed to cross this line? Some diet pills have been shown to be very effective, but they were later found to have serious health side effects. Other diet pills have had a short and explosive shelf life. And some diet pills just plug in. But one feature that remains true in the diet pill industry is that there is always a new “breakthrough” with a new set of promises that are not easily verified.
Cortislim is one of the newer generations of diet pills. Cortislim promised to reduce fat around the abdomen by reducing levels of cortisol, the “stress hormone.” In October 2004, the FTC charged the makers of Cortislim with false and unsubstantiated claims that their products can cause weight loss and reduce the risk of, or prevent, serious health conditions.
According to the FTC, the defendants began marketing CortiSlim in August 2003, through nationally broadcast infomercials with Cynaumon and Talbott that aired on various television channels, including Access Television, Travel Channel, and Discovery Channel. The FTC alleges that the defendants promoted cortisol control as “the answer” to
anyone who wants to lose weight, especially abdominal weight. According to the FTC’s lawsuit, the defendants’ streaming ads, print ads, and websites claimed that persistently elevated levels of cortisol, the “stress hormone,” are the underlying cause of weight gain and weight retention, and they also claimed that CortiSlim reduces and controls cortisol levels and thus causes substantial weight loss. The FTC alleges that the defendants claimed that CortiSlim: (1) causes a 10 to 50 pound weight loss for virtually all users; (2) causes users to lose 4-10 pounds per week for several weeks; (3) makes users lose weight specifically in the abdomen, stomach and thighs; (4) causes rapid and substantial weight loss; (5) causes long-term or permanent weight loss; and (6) causes weight loss. The FTC also alleges that the defendants claimed that the effectiveness of CortiSlim and its ingredients is proven by more than 15 years of scientific research. According to the FTC complaint, these claims are either false or unsubstantiated.
Cortislim eventually withdrew its initial publicity and took a more tame approach, but not before lawyers began collecting signatures for a class action lawsuit that continues to allege fraud.
Which begs the fundamental question: how long will diet pills and other similar products be allowed to use questionable advertising?
Prescription drugs must pass many tests to prove their usefulness and safety. But with herbal and over-the-counter remedies, manufacturers can essentially claim what they want from their products without publishing any study results. This creates a scenario where companies almost have the green light to make outrageous claims about diet products. The makers of Cortislim are said to have made $ 50 million.
But when the government targets a company, other demands almost always follow. Within days of Vioxx’s withdrawal, a class action lawsuit was filed. These trends will continue, and if the FTC remains aggressive in pursuing misleading advertising, the incentives for poor marketing practices on untested diet pills will diminish.