The FTC fined a number of diet pill manufacturers for false advertising but decided that the pills can stay on store shelves. Xenadrine, EFX, CortiSlim, 1-A-Day WeightSmart (Bayer Co.), and TrimSpa must pay a collective fine of $25 million, which is nothing. Furthermore, a study has shown that with Xenadrine people who took a placebo lost more weight than those who took the Xenadrine. People in the before-and-after pictures in many ads have not lost weight because of the pills listed but by diet and exercise programs.

What do you think? Have you taken one of these and lost weight? Do you think they should have been taken off the market?

-Tom

What do I think? I think the government should protect us from snake oil. If it's sold as a compound for weight loss, then it should enhance weight loss.

It seems obvious, right? Guess not.

Well, here's a shocker for you: I think they did the right thing.

It's that fine line between "pharamceuticals" which are overseen by the FDA and "supplements" which have no obligation to prove that they do anything. Well, they made claims, they should be legally obligated to prove the claims they made. Isn't that what is supposed to define, or help define, the line between the supplement and the pharmaceutical?

Adrienne
I'll spare you the "it's not a drug" tagline rant/soapbox

Well, here's a shocker for you: I think they did the right thing.

The legally right thing, anyway, right? It's so heartbreaking when people put their faith and money in useless stuff. Probably sometimes it delays the actual medical attention they need.

The legally right thing, anyway, right? It's so heartbreaking when people put their faith and money in useless stuff. Probably sometimes it delays the actual medical attention they need.

I mean that the government did the right thing. I think the government should shut them down. They made claims. It's my understanding that one of the differences between supplements and pharmaceuticals is that supplements aren't supposed to make claims because they're not required to prove that they can do anything. I could be messing up legal mumbo-jumbo.

This is why I get annoyed when products claim that they're not drugs. No, because a "drug" (or, "pharmaceutical") is required to prove that it's safe and that it actually does what it claims to do.

Adrienne

But they didn't shut them down. They fined them - some small pittance of the amount they've earned selling false hope - but they let them continue to sell the products.

All these diet pills are making false claims and should be taken off the market unless they change their claims and misleading names. The upshot is that the FDC should have the power to require these false concoctions to be taken off the market. The fines should be much higher.

-Tom

Interesting how the FTC, not the FDA, was the ones who actually made the "bust" sort of speak. I mean, they can't get them on being a drug, so they had to get them another way.

But agreed, the fine is not even a slap on the wrist. At the same time, they should do what they claim and if not, be taken off the market. Then again, if they did that for these supplements, then they would have to oversee all supplements that are not "drugs." That may make those who use different supplements disappointed or upset.

Doc's sitting right here so I asked him just what IS the distinction between pharmaceutical and supplement. He said - almost direct quote but I edited enough to be a paraphrase...

--This is the problem with nutriceuticals: As long as you don't make a direct marketing claim that whatever you sell does something - as long as you don't claim it does something, it's not regulated by the FDA.

They get away with it by saying "This is 'intended to'....(do whatever)."--

It seems to me that these diet pills were making claims - take our product and you will lose weight. They should have to take their products off the market until they can provide proof of their claims to the FDA.

BTW - the supplement, or "nutriceutical" industry knows it's a matter of time before the FDA catches up to them. Some of Doc's colleagues have been recruited by supplement companies because they know how the drug application process works and what the FDA requires as far as Good Lab and Good Manufacturing Practices (GLP, GMP) and what kinds of studies they require for NDAs (New Drug Applications.)

Adrienne

Thanks for the info adriennek. I mean, that was something that was always lingering in my mind. That is surely a loophole that needs to be closed. I mean, I didnt know that someone can actually sell "intent" these days. :)