eight Loss uackery and

Fads Frances M. Berg Healthy Weight Journal

• Bee Pollen • Herbal Tea • Infomercials • Thigh Cream • "Fat Burning'' pill • Illegal Drug Claims • Voice of the Quack • Chromium Picolinate • Manchurian Mushroom Tea • How to Identify and Report Fraud

CONTENTS

Guidelines for identification of quackery . . . . . . . . . . . . . . . . 2

1. Voice of the Quack .............................. 3

2. Creams, Patches and Aids . . . . . . . . . . . . . . . . . . . . . . . . . 7 Creams and lotions; Appetite patches; Appetite spray; Fiber cookies; Herbal teas

3. Gadgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 CMP tables; Acupressure; Belts; Vacuuming fat; Body wraps; Heat 'melts fat'; Historic devices

4. Diet Pills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Herbals as hoaxes?; Anti-cellulite; Bee pollen; Blockers; Fiber pills; Ephedrine; Chromium Picolinate

5. Themes, Schemes & Combos . . . . . . . . . . . . . . . . . . . . . 18 Herbal and "all natural"; Cellulite concepts; Spot reduction; Detoxifying the body; Lean people differ; Targeting the wlnerable; Combinations; Easy money; Pyramid schemes; Hit and run; Wealth building; Infomercials; Hypnosis

6. Slim Chance Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Banned nonprescription drugs . . . . . . . . . . . . . . . . . . . . . . . . 29

How to report fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Index ............................................ 32

Weight Loas Quackery and Fads. Second edition. Copyright 1994 1995. ISBN 0-918532-60-4. All rights reserved. Reproduction in whole or in part prohibited without publisher's written permission. Published by Healthy Weight Jouma~ 402 South 14th Street, Hettinger, ND 58639. TE: 701-567-2646; FAX: 701-567-2602.

WEIGHT LOSS QUACKERY AND FRAUD Guidelines for identification

Frances M. Berg, M. S.

Fraudulent weight loss products and programs often rely on unscrupulous but persuasive combina­tions of message, program, ingredients, mystique and method of availability. A weight loss product or program may be fraudulent if it does one or more of the following:

Message • Claims or implies a large, fast weight loss - often

promised as easy, effortless, guaranteed or per­manent. (Recommended loss for most people is no more than two pounds per week.)

• Implies weight can be lost without restricting calo­ries or exercising, and discounts the benefits of exercise.

• Uses typical quackery terms such as: miraculous, breakthrough, exclusive, secret, unique, ancient, accidental discovery, doctor developed.

• Oaims to get rid of "cellulite." (Cellulite does not exist and reference to it is a red flag warning of fraud or misinformation.)

• Relies heavily on undocumented case histories, before and after photos, and testimonials by "sat­isfied customers" (who are often paid for testimony which is written by the advertiser).

• Misuses medical or technical terms, refers to stud­ies without giving complete references, claims government approval.

• Professes to be a treatment for a wide range of ailments and nutritional deficiencies as well as for weight loss.

• Makes claims which are not stated on the label.

Program • Promotes a medically unsupervised diet of less

than 1000 calories per day. • Diagnoses nutrient deficiencies with computer­

scored questionnaire and prescribes vitamins and supplements (rather than a balanced diet). Rec­ommends them in excess of 100% of Recommended Dietary Allowance.

• Requires special foods purchased from the com­pany rather than conventional foods.

• Promotes aids and devices such as: body wraps, sauna belts, electronic muscle stimulators, passive motion tables, ear stapling, aromatherapy, appe­tite patches and acupuncture.

• Promotes a nutritional plan without relying on at least one author or counselor with nutrition ere-

2 WEIGHT Loss QUACKERY .AND FADS

dentials. (Nutrition educators and registered dieti­tians are preferred. The science of nutrition is taught only through college Home Economics and related departments.)

• Fails to state risks or recommend a medical exam.

Ingredients • Uses unproven, bogus or potentially dangerous

ingredients such as: dinitrophenol, spirulina, amino acid supplements, glucomannan, human chorionic gonadotrophin hormone (HCG), diuretics, slim­ming teas, echinacia root, bee pollen, fennel, chickweed and starch blockers. (When its review process is complete, FDA is expected to approve only phenylpropanolamine, PPA.)

• Claims ingredients will block digestion or surround calories, starches, carbohydrates or fats, and re­move them from the body.

Mystique • Encourages reliance on a guru figure who has the

"ultimate answers." • Grants mystical properties to certain foods or

ingredients. • Bases plan on faddish ideas, such as food allergies,

forbidden foods or "magic combinations" of foods. • Declares that the established medical community is

against this discovery and refuses to accept its miraculous benefits.

Method of availability • Is sold by self-proclaimed health advisors or "nutri­

tionists," often door-to-door, in "health food" stores, or a chiropractor's office.

• Distributes through hard-sell mail order advertise­ments, television informericals, or ads which list only an 800 number without an address, indicating possible Postal Service action against the com­pany.

• Demands large advance payments or long-term contracts. (Payment should be pay-as-you-go, or refundable.)

• Uses high pressure sales tactics, one-time-only deals, or recruitment for a pyramid sales organiza­tion. Displays prominent money-back guarantee. (A common complaint against these companies is that they do not honor their guarantees).

Berg F, Weight Loss Fraud and Quackery. Healthy Weight Journal/Obesity & Health 1990;4:9:71.

HEALTHY WEIGHT JOURNAL

1. Voice of the quack

T he voice of the quack is seductive, smoothly pitched to charm money out of vulnerable men, women and children.1

Because of our First Amendment rights, con artists are free to give false testimony against science, medicine and reason. They take full advantage of this freedom, and today are challenging regulation and truth­ful disclosure at every federal level, in Congress, the Food and Drug Administration FDA and the National Insti­tutes of Health which has a new division called the Office of Alternative Medicine that gives much credibility to questionable claims.

Thus, it is naive to believe, as many do, that, "If it's in . a book or magazine, it must be true." Or, "The govern­ment wouldn't let it be sold if it could be harmful." Or, "If its expensive, it must be good."

The voice of the quack is amazingly successful in its seduction. Money flows so fast that federal and state in­vestigators can't keep up.

For instance, in the 1989 Cho low Tea scam by Aus­tralian Peter Foster, the first five days of full-page news­paper advertising brought in $215,000, a figure known only because authorities intercepted the mail.

"Weight loss fraud costs Americans between $10 bil­lion and $40 billion a year," estimates Ray Johnson, an assistant attorney general in Iowa's consumer protection division.

In a single nation-

eliminate fat and calories from the system in a short time. Weight loss fraud covers the spectrum in a surprisingly

broad field. What counts is not the product, but the illusion cre­

ated around the product. The strong advertising message is beamed out to customers through newspapers, maga­zines, radio, television and through the mails. Radio and television talk show hosts willingly provide free and lu­crative publicity for interesting new fads.

The tainted genius in this is the huckster's ability to write copy that sells, not the talent to design a product that delivers. In many cases, it's been shown that the advertising copy is written first, with the product created later to fit the ad, or even no product at all.

Fraud thrives most when there is no good medical cure for a health problem. Science has yet to come up with an easy answer for weight loss, so obesity, like arthritis, can­cer and AIDS, is an ideal subject for quackery.

It works! Weight loss appeals to the fringe industry because al­

most anything works - or at least, it seems to work. A unique property of weight is that, because of water

loss, almost any change in eating shows up on the scale as a weight change. Even without a planned decrease in eating, the person who is excited about a new weight loss

effort tends to eat

wide mailing out of Iowa, Johnson found the pronioters of the Nutralizer GH diet pill brought in $1.7 mil­lion. Another company netted $250,000 from Iowans alone in six

i The voice of the quack is seductive, smoothly pitched to charm money

less sugar and starch. This drop in carbohy­drate intake releases water from the cells, and the person "loses weight."

out of vulnerable men, women and children amazingly successful in its seduction. ,

The explanation

months with diet pills costing $30 a bottle. Con artists can simply place an ad and wait for the

checks to roll in.

Anything goes Getting into this market with a high-profit weight loss

scam is easy. Almost anything goes. The quack can choose from teas, pills, wraps, gadgets and complex combina­tions, and promise they'll bum, block, flush, or otherwise

flEAL771Y WEIGHT JOURNAL

is that 1 gram of gly­cogen a storage form of glucose binds 3 to 4 grams of water in the cells. This water is freed and excreted in the urine if the glycogen store is reduced.

With a return to normal eating, the cells rehydrate and weight returns to normal.

But, fortunately for the quack, this return to normal weight is easily blamed on the customer, and he or she is usually willing to accept the blame. So, because of this classic blame-the-victim scenario, people who are cheated in weight loss schemes seldom complain, even over the

WEIGHT Loss QUACKERY AND F ,ws 3

most outrageous and injury-causing scmns.

Who is vulnerable? Who are the people who send these millions of dollars

to con artists? They're ordinary Americans who for one reason or another are unhappy with themselves or their appearance.

Disproportionately, they may be poorly educated or living in low-income communities. The elderly are often targeted. People who can least afford it are the most widely exploited.

Yet, it's a mistake to think only the unsophisticated will fall for fraud. Ev-eryone is vulnerable at

On the talk show circuit Con artists promote themselves and their wares daily

in the media, often through free publicity on "news shows."3

Modem quacks can be hard to spot They have a slick image, professional, or guru-like. They use scientific jar­gon, have glib answers for all questions and problems, and use high tech advertising methods.

Favorite turf is the TV talk show. Talk show hosts often play to the ratings and right into

the hands of quacks, giving credibility to ridiculous claims, and using their power in irresponsible ways.

Preposterous

times. . "Men and women in

every part of the coun­try, of all ages, back­grounds and educa-

i Weight loss appeals to the fringe industry because almost anything works -

claims are treated seri­ously, especially if they are "new," startling, alarming and amusing.

or at least it seems to work. , Skillfully the con artist stirs the listener's fears, egged on by the

talk show host: Ordinary food is dangerous, filled with chemicals and pollutants. You can't trust your money-hun­gry doctor. The feds, especially FDA, are trying to take away your freedom to buy the natural herbal products which hold the real secret to good health. Scientists are involved in this vast conspiracy. So are hospitals, drug companies and news reporters!

tional levels, fall for the clever pitches of the health hucksters," writes syndicated columnist Syliva Porter. "All of us want to look better and younger, relieve a chronic ailment . . . or cure an untreatable disease. "2

The Mayo Clinic Health Letter in 1988 reported a study that showed people with college educations were even more likely to use unproven treatments than people with less education.

Because of the tremendous numbers of people want­ing to lose weight, the business of weight loss is extremely lucrative for the con artist. Nearly 65 million U.S. adults are trying to lose weight, ac.cording to the Calorie Con­trol Council, including perhaps 60 percent of all Ameri­can women.

About one-third of Americans are overweight ac.cord­ing to the national NHANES III report, with obesity tar­geted as a serious health problem.

Beyond this, thin is in. Our cultural ideals are cur­rently so thin that many people of healthy weight are trying hard to lose. Many are so desperate they will try any extreme method they see advertised, "just in case" it is the· miracle they've been waiting for. And the ad as­sures them that it is.

"People don't get immuni7.ed to weight loss gimmicks," says John Renner, M.D., director of the National Coun­cil Against Health Fraud Resource Center in Kansas City, Mo. "Some people have [tried] over 30 such programs."

Fraudulent and questionable weight loss products are widely available in health food stores and many chiro­practors' offices, by mail and toll-free response to televi­sion ads, infomercials and direct mail, and in door-to­door sales by neighbors and friends. Unfortunately, ques­tionable weight loss products with deceptive claims are increasingly being sold also through chain drug stores and groceries.

4 WEIGHT Loss QUACKERY AND F .ADS

Where else can a subject as dull as nutrition be such downright fun? The show pulls a passionate audience; TV ratings soar. No one flips the channel.

Then you are shown the magical solution and proof that your health or beauty problems can be easily solved - just by sending in $39.95.

Both Phil Donahue and Oprah Wmfrey, as well as most 1V talk show hosts of the sensational genre, have done their share in encouraging purveyors of pseudoscience on their shows, without balancing them with responsible authorities.

"Americans love hogwash," says Dr. Edward H. Rynerson, recently retired from Mayo Clinic.

One step ahead of the law Con artists have learned to stay one step ahead of the

law by moving from state to state, changing corporate names, or shuffling ownership to relatives or friends.

Three federal agencies are responsible for policing health fraud: the FDA, the Federal Trade Commission FI'C, and the U.S. Postal Service. Under the Federal Food, Drug and Cosmetic Act, the FDA is responsible for dealing with drugs or devices that have been mar­keted with false or misleading labels or exaggerated medical claims.

Advertis~g falls under FI'C regulation. Under FfC law, marketers must have a reasonable basis for claiming a product or plan will cause weight loss; any scientific support for the claims must be competently done and

HEALTHY WEIGHT JOURNAL

fully support the claim; and testimonials must not falsely represent that any particular weight loss reflects a typical experience.

The Postal Service regulates false advertisements and money marketers which operate through the mails.

Individual states also fight fraud through consumer fraud divisions in the attorney general's office. Among the most active are California, Missouri, Texas, and Iowa.

"There is a plethora of what we believe are phony diet products on the market today," says Missouri Attor­ney General William L. Webster.

Because each state regulates its own deceptive prac­tices and advertising laws, fighting quacks state by state is a long, slow battle.

"Every state has to re-invent the wheel by bringing its own case against a product," says North Dakota assistant attorney general Tom Englehart.

But, "the No. 1 missing problem in regulation is. the lack of consumer complaints. People are afraid, or ashamed or say they don't have time," says John Renner, MD, director of the National Council Against Health Fraud Resource Center in Kansas City. Consumer com­plaints alert the agencies or states to problems and pro­vide a reason to take action.

Most professionals are far too complacent about quack­ery. They don't complain, and they don't encourage oth­ers to complain, adds Renner.

Evidently alarmed at the increase in nutrition quack­ery, the American Dietetic Association in June 1995 is­sued a position paper on Food and Nutrition Misinfor­mation in which the group recogniz.es its responsibility to take action.

"Misinformation about the role of nutrition in health abounds in our society. In this climate of misinformation, nutrition-related misbeliefs, health fraud and quackery flourish," says the paper.

"It is the position of The American Dietetic Associa­tion that food and nutrition misinformation has harmful effects on the health and economic status of consumers. Qualified nutrition practitioners in health care, academia, public health, and the food industry will ... actively con­front food and nutrition misinformation."

ADA urges members to get involved and help "expose emerging misinformation, misbeliefs, frauds, and quack­ery before they are widely accepted."

Advertising is the key to the success of quackery. Every person who thinks an advertisement is deceptive

should contact the television station or newspaper and ask them to remove it, says Don Aird, FDA regional consumer affairs officer in Minneapolis. They should also contact their state attorney general's office and the re­gional FDA

"It's important to get these products out of the media - off the TV and out of the newspapers and magazines," he says. "[We'll] never get rid of all these products, but they'll die without advertising."

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The entrepreneurial nature of vitamin and supplement sales works to discourage complaints. Sales persons are often friends and neighbors who are drawn into get-rich­quick schemes.

Pyramid plans abound, promoted through motivational sales meetings and high pressure tactics. Customers may progress quickly from victim to "true believer" to pro­moter.

Food faddism and nutrition fraud are increasingly prevalent in the United States, says the 1988 Surgeon General's Nutrition and Health Report. Although there are no reliable statistics, the report Says, "The practice of quackery now invades nearly every aspect of our lives."

Quasi-religious Curiously, the public mood seems oddly tuned in to a

wider acceptance of the nutrition quackery message to­day. Pseudoscience is having a come-back, some scien­tists warn. Newsweek reported in June 1995 that fully one-third of all Americans pursue some kind of alterna­tive care each year, in a Harvard study.4

David G. Bromley of Virginia Commonwealth Univer­sity describes the multilevel marketing organizations also called pyramid or network marketing as "quasi-religious."

"Personal commitment and belief in the cause are more important than specific skills or prior experience . . . Once recruited, distributors form tight-knit networks of true believers who are on a mission and who seek to enlist others to their cause. Quasi-religious corporates usually have charismatic leaders, minimal bureaucracy, few rules and little hierarchy of authority. Their allure is the promise to restore a naturally ordained order of prosperity and unity of life."

These companies encourage, and feed on, faith and simplism, says Jack Raso in Nutrition Forum.'

It is ironic that their staunchest defenders, the true believers, are their victims. There is a small army of people enmeshed in pyramid schemes, selling and pro­moting worthless products, small-time entrepreneurs who have a lot invested in keeping up their beliefs in the product and company.

Conspiracy theories The view that the medical community is persecuting

vitamin and supplement dealers is promoted by Julian M. Whitaker, M.D., who bills himself as "America's #1 Health Advocate" in the tabloid Health & Wellness To­day.

"Drug companies and the FDA conspire against your health! Natural vitamins never hurt anyone. But the FDA forbids vitamin makers and health food stores to tell you about them. When they've tried, FDA storm troopers have broken down their doors, confiscated their products and put them out of business," writes Whitaker.

"The government may be your worst enemy of all. Congress and the FDA have actually tried to make it a

WEIGHT Loss QUACKERY AND FADS 5

crime for vitamin makers and health food stores to tell you the truth about these amazing new therapies. "6

Many questionable weight loss remedies are labelled as homeopathic and marketed through the mail and health food stores.

Curiously, in a political sense, the new high-tech nutri­tion misinformation is firmly rooted both in the far right with its paranoia about government conspiracies, and the educated liberal left with its New Age "holistic" mind set.'

Definitions Nutrition misinformation is defined by the American

Dietetics Association as "erroneous facts or misinterpre­tation of nutrition food and science ... [often) used to fuel food faddism, quackery, or health fraud."

Food fads involve "unreasonable and exaggerated be­liefs that special attnbutes of a particular food may cure disease, that certain foods should be eliminated from the diet because they are harmful, and that certain foods convey unique health benefits."

Food quackery is "the promotion for profit of special foods, products, processes, or appliances with false or misleading health or therapeutic claims."

Health fraud involves both food faddism and quackery, but it is always deliberate and done for gain.

A quack is the person who pretends to have medical or nutritional knowledge and special foods, products, pro­cesses, or appliances with false or misleading claims, usually for personal gain, according to the Surgeon General's Report on Nutrition and Health.

In this report, con artists are regarded as the kingpins, the quacks who instigate fraudulent schemes and gain the most from them. Quacks may be at any level - as high level con artists, or as lowly foot soldiers who sell the product door-to-door, drawn into the network by a desire to go into business for themselves. At the lowest levels, quacks are often true believers - believers in their own quack messages - both victimizers and victims, much like their own best customers. 8

Identifying fraud and quackery How can fraud be identified? Often the label is a key. If claims made for the

product are not listed on its label they are probably untrue or illegal.

Fraudulent weight loss products and programs can often be identified by their unscrupulous but persuasive combinations of message, program, ingredients, mys­tique and method of availability. Claimed credentials are often meaningless in this milieu where "nutrition­ists" are self-appointed and "doctorates" purchased by mail-order from diploma mills.

A weight loss product or program may be fraudulent if it uses one or more of the following techniques: • Implies weight can be lost without restricting calories

6 WEIGHT Loss QUACKERY AND FADS

or exercising, and discounts the benefits of exercise. • Uses typical quackery terms such as: miraculous,

breakthrough, exclusive, secret, uni.que, ancient, acci­dental discovery, doctor developed.

• Claims to get rid of "cellulite." Cellulite does not exist and reference to it is a red flag warning of fraud or misinformation.

• Relies heavily on undocumented case histories, be­fore and after photos, and testimonials by "satisfied customers" who are often paid for testimony written by the advertiser .

• Misuses medical or technical terms, refers to studies without giving complete references, claims govern­ment approval.

• Professes treatment is for a wide range of ailments and nutritional deficiencies as well as for weight loss.

• Diagnoses nutrient deficiencies with computer-scored questionnaire and prescribes vitamins and supple­ments rather than a balanced diet . Recommends supplements in excess of 100 percent of Recommended Dietary Allowances.

• Promotes aids and devices such as: body wraps, sauna belts, electronic muscle stimulators, passive motion tables, ear stapling, aromatherapy, appetite patches and acupuncture.

• Uses unproven, bogus or potentially dangerous ingre­dients such as: dinitrophenol, spirulina, amino acid supplements, glucomannan, human chorionic gona­dotrophin hormone HCG , diuretics, slimming teas, echinacia root, bee pollen, fennel and chickweed. When its review process is complete, FDA is ex­pected to approve only phenylpropanolamine, PP A.

• Claims ingredients will block digestion or surround calories, starches, carbohydrates or fats, and remove them from the body.

• Encourages reliance on a guru figure who alone has the true answers.

• Grants mystical properties to certain foods or ingre­dients.

• Bases plan on faddish ideas, such as food allergies, forbidden foods or "magic combinations" of foods.

• Declares that the established medical community and regulatory agencies are against this discovery and rejects its miraculous benefits.

• Is sold by self-proclaimed health advisors, nonlicensed "nutritionists" or "nutrition counsellors" through health· food stores, chiropractor offices, infomercials, or door-to-door sales. Degrees from diploma mills are further evidence of quackery.

• Markets through hard-sell mail order ads, or ads which list an 800 number without address, indicating possible U.S. Postal Service action against the com­pany.

• Uses high pressure sales tactics, one-time-only deals, or recruitment for a pyramid sales organiz.ation.9

EfEALTHY WEIGHT JOURNAL

2. Creams, patches & aids

C reams, gels, toning lotions, and liquids for the bath touted to dissolve fat and "cellulite" are always popular items in the con artist's medi­cine show. A recent addition to this bag of

tricks is "thigh cream," which was given an aura of re­spectability when it was introduced at a scientific meet­ing.1

Creams and lotions ~ntially these are the same as common toiletry prod­

ucts, says the FDA; most contain water, emollients, emul­sifying agents, preservatives, colors and fragrances. Some also contain hot pepper capsicum which can cause the skin to redden and tingle, helping to convince users this is no ordinary lotion, says the agency. Thigh cream con­tains a prescription medicine, but is being sold as a food supplement to escape drug regulation.

A typical cellulite-reducing scheme is Faja Fantastica, combining cream with a six-inch nylon-covered rubber belt. Purchasers could remove fat without cutting calo­ries or exercising. All they had to do, was rub the cream in vigorously and wear the belt. Spanish Telemarketing of Los Angeles was charged by the FfC for making these false and misleading claims in Spanish language televi­sion commercials.

Fringe quackery with its steady haranguing of women about their "unsightly thighs," paved the way for main­line cosmetics companies to enter this market.

Elizabeth Arden's New Cellulite Very Intensive Beauty Treatment is touted to "combat cellulite's 'spongy' ap­pearance." It works to "help tone, firm the look of skin and help diminish the appearance of cellulite," and "help smooth out the look of cellulite."

Lancome's Body Expose, Cellulite "Relief' System, "vis­ibly firms, tightens and tones cellulite-prone areas," "helps tone-down the look of cellulite," and is "clinically proven to provide visible results after just 30 days."

But claims at the cosmetics counters can be hard-sell. The New York City Consumer Affairs office says prod­ucts were misrepresented 36 percent of the time at the 14 cosmetic counters they investigated. A Lancome sales­person informed them Durable Minceur would "flush cel­lulite away." At Elizabeth Arden, sales people claimed their gel would firm and tighten fat, and at Emo Laszlo, "Exercise just reduces the fat but the fat cells stay here, so you need this to break them up and take them away."

Revlon's Ultima II ProCollagenAnti-Cellulite body com­plex was widely advertised to "reduce cellulite," reduce the "skin's bumpy texture, ripples or slackness caused by cellulite," and help "disperse toxins and excess water from

HEALTHY WEIGHT JOURNAL

areas where cellulite appears." FfC charged Revlon and Charles Revson with unsubstantiated claims.

Thigh cream "No more thunder thighs," says one ad for Dream

Cream. "This new patented fat reduction cream Aminophyllin is AWESOME!"

Thigh cream is an unfortunate story from a scientific point of view, but perhaps a marketer's dream.

News about the a thigh-reducing miracle cream made headlines when reported at the annual meeting of the North American Association for the Study of Obesity NAASO in the fall of 1993.

George A Bray, M.D., of Louisiana State University, and Frank Greenway, M.D., of UCLA astounded col­leagues with a study in which a teaspoon of the cream, containing a prescription asthma medication, used daily over a six-week period, reduced the thighs of 11 women by about half an inch.

Within hours, it seemed, "thigh cream" was a house­hold term across America. The media splash was quickly followed by ready newspaper and magazine advertise­ments, promising thinner thighs and smoother skin in a matter of weeks - no diet, no exercise needed.

The women in the study lost no weight, but their thigh fat was said to shift to other parts of the body.

This appears to be a leap of faith in view of the curious fact that the Bray-Greenway report does not seem to provide any evidence of fat loss. The minimal thigh re­ductions could as well have been water loss or due to other factors.

Most researchers couch their conclusions in probabil­ity terms. But Greenway and Bray expressed no such qualms. Remarkably, they stated flatly in an abstract of the study published in the October 1993 edition of Obe­sity Research of which Bray is editor , that "2 percent aminophylline cream applied topically causes regional fat loss from the thighs of women."

Their four to six week studies are so brief as to be almost meaningless, and the half-inch difference in thigh size so slight as to be almost impossible to detect, accord­ing to Tufts University Diet & Nutrition Letter. 3

Safety is another a question. While the two research­ers claim safety and say the drug hasn't shown up in the bloodstream, pharmacologists warn that if the drug were absorbed into the blood, it could have a number of toxic effects, including heart problems and convulsions.

The asthma drug aminophylline relaxes smooth muscles and is used to relieve constricted bronchial tubes in asthma attacks. Greenway and Bray say the drug relaxes muscles by stimulating cells' beta receptors, which in tum causes

WEIGHT Loss QUACKERY AND FADS 7

them to release fat into the blood stream - to be stored elsewhere.

In 1985, Bray and Greenway patented the idea for their topical cream. In 1987, after experimenting both with a cream and injections of the asthma drug, they published a study in Clinical Therapeutics that concluded "local fat reduction from the thigh can be safely accom­plished."

Six months before the NAASO conference the two men sold the concept of their "thigh-reducing" cream to Herbalife, according to Tufts. Herbalife jumped into the market with Thermojetics Body Toning Cream $34.75 for a 4.2 ounce tube to add to their popular Thermojetics line.

The two also licensed their own formula to be mar­keted under the name "Smooth Contours." Nutri/System is the exclusive distributor of Smooth Contours and claims - but doesn't provide evidence - that tests were done on 70 women, says the Tufts letter. Tufts reports that Smooth Contours contains only one-half percent aminophylline, not the 2 percent used in the research, and is sold as a cosmetic to avoid regulatory attention.

"It's disappointing that two well-respected and well­known researchers seem to have joined the snake oil caravan. And it's disillusioning that they used NAASO as their launching pad," wrote Kendra Rosencrans in the May/June 1994 issue of Healthy Weight Journal.

NAASO apologiz.ed to its members, noting that at least the report should have included a disclosure of the scien­tists' financial interest in their study.

Appetite patches Place a drop or two of "appetite control solution" on

a bit of ga\17.e, affix it to your wrist at an "acupuncture" point, and the appetite center of your brain will be biolelectrically depressed so you'll want less, you'll eat less, you'll lose weight. Or so the promoters of appetite patches and diet patches claim.

Snake-Oil on a Band-Aid is what the National Council Against Health Fraud calls this item. It's equal to putting "nothing on no place," since acupuncture points have not been found to exist, says NCAHF.

A variety of skin patch kits for weight loss were a re­cent fad. Most used an herbal or "100% natural" liquid to make the so-called contact with the accupuncture point.

Michael Regan, President Reagan's older son, made headlines by advertising Eurotrym Diet Patches, by AmEuro Services International of Phoenix, in a 30-minute talk-show style television infomercial. Reagan wore a patch on the show, but when told they were being mar­keted illegally, he said he was hired as an actor and does not use the patches.

Dr. Keith Kenyon, a San Fernando Valley doctor, claims to be the appetite control patch inventor. He says they contain only a mix of natural substances and stimu­late the body. 8 WEIGHT Loss QlM.CKERY AND FADS

The Appetoff diet patch kits sold for $30 each, a healthy mark-up on an estimated production cost of $3 per kit, said FDA agents who investigated Meditrend Interna­tional of San Diego. Each kit contained 30 adhesive ban­dage skin patches and a liquid promoted as suppressing hunger.

One marketer declared the diet drops were to be placed on the pericardium-6 acupuncture point "two finger breadths above the junction of your wrist and palm on the palm side of your arm."

In their first five months Meditrend International of San Diego, Calif., reportedly grossed $13 million on ap­petite patches alone.

The Meditrend Appetoff scheme was foiled when $26 million worth of kits and related products were seiz.ed and destroyed from the firm and its suppliers by FDA

Another appetite patch plan, the MLM treatment, of Pocahontas, Ark., actively recruited salespeople through low-priced investments. Kits were sold to customers for $33 a month, but a distributor's kit cost only $43.

FDA classified diet patches as drugs, stated they had not been approved for any use, and removed most from the market.4

Appetite spray Appetite sprays are another herbal item designed to

seduce the would-be dieter. These sprays are often sold in the slick, colorful mail-order catalogs from food supple­ment companies, particularly those which are notable for the great variety of questionable products and misinfor­mation contained.5

Using the slogan, '~ breath of fresh care," promoters of Life Way's Slender-Mist assure buyers, "just a quick spray and the natural appetite suppressant ingredients of Slen­

der-Mist go to work immediately." The five-inch spray tube, similar to a breath freshener,

comes in four flavors: chocolate, mint, lemon-lime and berry supreme.

The dieter is instructed to spray 15 minutes before each meal, and "any time you feel the urge to snack." Claimed to be fast and effective, the liquid contains argi­nine, ornithine, lysine, glycine and phenylalanine. These ingredients are often claimed by food supplement pro­moters to reduce hunger, promote vitality and rejuvenate metabolism. Some of these were banned by FDA in 1992.

"The chocolate flavored spray just reminded me to want a chocolate bar," says one purchaser.

Appetite suppressant sprays containing PPA are also sold legally as an over-the-counter drug. Whether they are any more effective is an open question, while FDA continues to review the safety and effectiveness of PPA

Fiber cookies Fiber cookies as meal replacements soared briefly as

the answer to a dieter's dilemma, or at least, the marketer's insatiable quest for cash. Many of these cook­

HEALTHY WEIGHT JOURNAL

ies make false and misleading claims, and some have · been faulted for the pyramid schemes involved in their sales.6

A Lifestyles cookie with two glasses of water is to substitute for a meal. The cookies can "promote a fuller, more satisfied feeling so that the hunger pangs often associated with dieting are, in many cases, avoided or minimired," according to ads for Lifestyles cookies. The theme "The taste of success," by Lifestyles Diet Products suggests not only success for the dieter, but for the new salesperson, as well. Lifestyles cookies are actually high in fat and sugar.

The Delta Fabulous Fiber Cookie from Delta Interna­tional of Southfield, Mich., is to be eaten along with the Delta Enhanced Formula pills. Dieters are instructed to take three cookies a day with three glasses of water or diet soda. Claims are that fewer calories from any food the person does eat will be absorbed. Also "fiber purges toxins from the body, gives a fuller feeling." While the literature suggests a menu plan, this is vague, and a risk is that many dieters, notorious for going to extremes, may eat nothing but cookies.

Some companies call for new salespersons along with their promotions to customers. Delta cookie fliers say, "If you would like to set up a local sales route, see your consultant to purchase at wholesale." Information is of­fered on becoming an "Independent Consultant."

Another advertisement reads, "There are several other appetite suppressant cookies, but none can compare in delicious taste and appetite control to the Sylvan Slim­mer ... two cookies take the place of one meal. Flavors: oatmeal raisin, chocolate, almond, peanut butter, coco­nut, spice."

The Phoenix International Marketing Corporation of Sparks, Nev., was ordered by the FDA to stop distribut­ing its Phoenix Fiber Cookie, Phoenix Fizzie, Phoenix

. Nutritious Beverage and Phoenix Vitamins and Capsules. FDA had notified the company that their products

violated federal laws and regulations because their pro­motional materials made unsubstantiated medical claims that the products were useful for weight control, cardio­vascular disease, colon cancer, diabetes and diverticulitis.

"Use of these products in lieu of medication prescribed by a physician could present serious adverse health con­sequences for some individuals," FDA said.

Tests conducted by the Mississippi attorney general's office found that the Phoenix cookie, part of a diet pro­gram in which dieters could "lose up to 14 pounds in 14 days," contained twice the claimed 120 calories and five times the claimed amount of fat.

In addition, promotional leaflets claim the cookie "de­creases the amount of calories, fats, sugars, etc., that are normally absorbed" because it "speeds the elimination of digested foods" because of its fiber content. FDA said this is "contrary to fact." .

Phoenix International also agreed to recall all promo-

HEALTHY WEIGHT JOURNAL

tional materials which make therapeutic claims, and to withdraw and relabel subject to FDA review any exist­ing cookie stock. The company, which claimed 387 pri­mary distributors and 50,000 sub-distributors, said it will introduce a new cookie with a new formulation.

Herbal teas Herbal diet teas, widely advertised for weight loss, often

contain large doses of stimulant laxatives which can cause severe reactions and even death due to chronic diarrhea and electrolyte loss, warned the FDA Food Advisory Committee in June 1995. It recommended herbal teas be labeled with several warnings.

Of particular concern to FDA were reports of at least four deaths in women who drank Laci Le Beau Super Dieter's Tea. All died suddenly, and three of the four had cardiac effects. All used the tea at least several times a week.

Similar teas FDA studied were Trim-Maxx, 24-Hour Diet Tea, Ultra Slim Tea and Select Senna Leaf Tea. Doz.ens of severe reactions to these herbal diet teas were reported by California state health officials. Adverse ef­fects range from diarrhea, cramps, fainting and perma­nent loss of bowel function to death.

The diet teas frequently contain the herbs senna, cas­cara, castor oil, buckthorn, aloe and rhubarb root, alone or in combination. These herbs are stimulant laxatives and are often used in over-the-counter laxatives - in even smaller amounts, said FDA

Since the teas are sold as foods, the exact amounts of laxative in each tea is unknown, as are the effects of mixing different laxative herbs. Dosage can vary widely with the amount of herb and the length of steeping time. Overdosing is all too easy. 7

Mushroom tea Manchurian or Kombucha mushroom tea is one of the

latest slimming schemes to hit the market. Advertised as a virtual cure-all for everything from weight loss to de­toxification, to treating AIDS, cancer, arthritis, aging, cataracts, diabetes and headache, the homemade brew is not really made from a mushroom, but rather from the fermentation of various yeasts and bacteria. The recipe calls for a "starter" product similar to sourdough yeast starter to be mixed with tea and sugar and allowed to ferment in a warm place for one to two weeks.

When a woman in northwest Iowa died and another became sick after sipping the brew in April 1995, the Iowa state health department issued a warning not to drink the tea until a definite cause could be identified. 8

The FDA investigated several other cases and added a warning that mushroom tea may be harmful. 9 They noted that potential problems might come from toxins in the starter fungus "mushroom" , or food spoilage in bac­terial growth such as staphylococcus or salmonella , or the leaching of lead from the container.

WEIGHT Loss QUACKERY AND FADS 9

3. Gadgets

I t may be tempting to believe one can reduce fat and inches, build muscles, lose weight, or increase cardio­vascular fitness by using a modem mechanical device that does the work.1

But effortless exercise does no~ give exercise benefits, according to FTC. The agency finds all such claims false.

Gadgets include muscle stimulators, passive motion tables, belts, body wraps, acupuncture, acupressure, and heating and vacuum devices.

Stimulating the flab Health spas are promoting electrical devices for weight

control, spot reducing, wrinkle removal and. "cellulite" removal, with no evidence that they are safe or effective, according to the FDA Cited are two Texas machines called Body Trimmer and Total Control Potential hazards include electrical shocks and bums, and FDA cautions that these devices should never be used over the heart or brain, by pregnant women, or by people with heart prob­lems. 2

Another electric stimulator, Cell-U-Loss Body Toner, which looks like a small radio strapped over the offend­ing area, is said to massage away unsightly cellulite lumps, trim flabby bulges, and firm and tone curves: "Hundreds of vibrating fingers help dissolve cellulite ... all you do is relax!"

Louise Fenner of FDA says the agency routinely or­ders the destruction of imported cellulite-reducing de­vices. Two seiz.ed Italian machines combined heating pad, stimulator and an iontophoresis device, and were claimed to help destroy thick fat deposits, reproportion the body, and provide muscle benefits equal to nine hours of exer­cise.

The use of electrical muscle stimulators EMS in quackery is another instance in which a legitimate thera­peutic tool is misapplied toward weight loss.

An electrical muscle stimulator is a prescription medi­cal device, approved and regulated by FDA 3

In an EMS therapy program, a dozen or more elec­trodes are attached to the skin over various muscle groups. A machine delivers a weak electrical current that duplicates the nerve impulses that cause muscle contrac­tions. It is legitimately used in physical therapy to relax severe muscle spasms, increase the range of motion in injured limbs, and re-educate muscles after periods of disuse, such as after a cast is removed.

Any claims that an EMS can increase muscle, decrease fat, or add health benefits for the general public are false.

10 WEIGHT Loss QUACKERY AND FADS

CMP tables Continuous passive motion CMP tables are another

example of a legitimate therapeutic tool misapplied to­ward weight loss.

Developed in the 1940s to aid polio victims, passive motion tables help increase joint flexibility and are useful following orthopedic surgery for joint replacement or liga­ment construction.

The FTC defines a passive exercise machine as any motoriz.ed table, equipment or device that supports body weight and is capable of continuously moving isolated groups of muscles through a range of motion in a manner requiring little or no effort. This includes toning tables and motorized calisthenics tables.

The agency says passive exercise machines operated with little or no effort by the user do not reduce body fat in general or in any specific area, do not result in the loss of inches, do not reduce body weight, do not help to tone or firm muscles, do not contribute to the breakdown or removal of "cellulite," do not rid the body of fat inducing acid or other body wastes, and do not provide health or physical fitness benefits comparable to benefits of rigor­ous physical exercise.

Here .are some of the claims commonly made about CPM tables: ■ Lose inches. Spot reducing targets certain areas for

weight loss, such as thighs or arms and then concen­trating movement on that area to lose inches. This is impossible. "A CPM operator might measure a dozen or so areas on your body and add up the inches lost," the Mayo Letter says. But the measurements could be inaccurate. A tape measure held too tight or too loose around your body can yield strikingly different results, resulting in "inches lost."

■ Increase circulation. Studies show CPM cannot improve circulation, the Mayo Letter says. Only active move­ment increases circulation. It also is not an effective way to lower blood pressure, nor to improve the efficie­ncy of the heart or lungs. Aerobic exercise is the key to cardiovascular conditioning.

■ Remove cellulite. Cellulite is quack term for the fat on the hips, buttocks and thighs that "puckers like an orange peel." This is simply fat, is no different from fat anywhere else on the body. The idea of effort-free exercise has spawned a brisk

business and in recent years the tables have gained great popularity at health clubs, spas, tanning salons and weight loss and fitness centers.

The FTC charged makers of Slender You passive exer­cise tables, with making false and deceptive claims that

HEALTHY WEIGHT JOURNAL

the tables remove or eliminate "cellulite" or any other form of subcutaneous body fat, and that it flushes out or contributes to the removal of toxic waste or any other bodily waste. All such claims are false and misleading, says the FfC, and it ordered Slender You to cease and desist.4

Slender You claims called false and misleading by FfC are that it: ■ Reduces or helps reduce overall body fat or body fat

in any particular body area; ■ Results in or contributes to inch loss, weight loss or the

reduction of any particular part of the body; ■ Tones or firms human tissue including muscle; ■ Removes or eliminates cellulite or any other form of

subcutaneous body fat; ■ Flushes out or contributes to the removal of fat induc­

ing acid waste, toxic waste or any other bodily waste from an individual's body system;

■ Provides health or physical fitness benefits similar or superior to rigorous forms of exercise. All such claims are false and unsubstantiated, says FfC. Further, the cease and desist order prohibits Slender

You from representing consumer testimonials and en­dorsements as being typical when this is not true.

Slender You made false and misleading claims on ra­dio and television, and in newspapers and magazines dis­tributed thorough the mail and across state lines, accord­ing to FfC. Typical of these statements are: • "Best of all, everyone loses inches!" • "Nearly everyone loses at least 10 inches in 13 weeks

through repetition,

· ach muscles. The appeal is to an easy exercise solution: "Our inch

loss program is reshaping old ideas about exercise. You know traditional forms of exercise leave you tired, aching and fatigued. But the Slender You program actually energizes your body and leaves you feeling great! . .. No sweat. No strain. No kidding!"

In marketing to centers and spas Slender You has a strong appeal in profitability: "Most Slender You Figure Salons report a full return on investment within six months. And more than double their money in profit by the end of the first year. The machines assure your success ... Work(s) wonders for your cash flow, because it works wonders for your customers. Each machine can handle six customers per hour, 12 or more hours a day. "

Other health claims for CMP tables - refuted in the Mayo Clinic Nutrition Letter - are that they improve circulation, lower blood pressure and increase the effi­ciency of the heart and lungs. Aerobic exercise is the key to cardiovascular conditioning, says the Letter. 5• 6

Acupressure Acupressure devices for the ear are claimed to reduce

appetite. One such is Acu-Stop 2000, a clear, teardrop­shaped plastic object, about the size of a hearing aid $39.99. Instructions are to insert it in the right ear with the "bumps" inside, apply "with light wiggling pressure for about 90 seconds," and wear it for 15 to 20 minutes six times a day or more "as necessary" to control appe­tite. The ads claim it will "control your hunger in a re-

markable new way, positive energy exer-cise."

• "Reduces excess fat on upper arms, mid­riff, waist."

i Any claims that an EMS can increase mucsle, decrease fat, or add health benefits

for the general public are false. ,

without dieting, with­out exercise . . . Lose 30 pounds in 30 days!" Then comes the tan­talizing clincher: "If

• "It pumps surplus oxygen into your system and rids the body of fat-in­ducing acid waste."

• "Each 60 minute Slender You workout approximates seven hours of traditional exercise. " Slender You advises twice-weekly sessions of 10 min­

utes on each of six motorized tables. A similar program, Inches Aweigh, claims benefits from

ten motorized tables in its "exercise room," Each table supposedly tones or reduces a specific part

of the body. For example, the Waist, Tummy, Hip Table is said to gently raise and lower legs, helping to trim inches from the waist, stomach and hips, and giving ben­efits equal to 900 back kicks. Similarly, the Leg Table, worth "a two-mile walk," moves legs in a circular motion claimed to slim the entire leg area, especially inner thighs and "saddle bag" outer thighs. The Sandbag Table is ad­vertised as a gentle, rhythmic action that "breaks down 'cellulite' on hips and thighs for tighter, smoother skin tone," as well as firming flabby buttocks, and strengthening stom-

HEALTHY WEIGHT JOURNAL

you lose too much weight, discontinue use immediately."

Belts Gut Buster is a spring tension exercise device, sold

through direct mail and print ads, including Parade Maga­zine. The ads claimed the Gut Buster would "burn" stom­ach fat, tone stomach muscles, flatten and trim the stom­ach, and was better than sit-ups in strengthening stomach muscles. The FfC said these were false and unsubstan­tiated claims, and they failed to disclose the spring-ten­sion mechanism might break and injure the user.

Vacuuming fat A vacuum cleaner-type device, Jet Trim is popular in

beauty salons and spas. It includes a 20-minute treatment with hose and nozzle which supposedly moves cellulite beneath the skin, dispersing and "sloughing it off' the body. The Oklahoma City Jet Trim Cellulite program includes 10 massage sessions.

WEIGHT Loss QUACKERY AND FADS 11

Body wraps Body wraps are also popular in weight loss centers and

spas. Some are simply plastic wrap; others incorporate seaweed, spices or aroma therapy.

Inches Aweigh centers use a weekly body wrap treat­ment on their clients. Dressed in a two-piece bathing suit, the person is first measured and rubbed with anti­cellulite lotion, then wrapped tightly from toe to chin with six-inch wide plastic wrap, similar to kitchen wrap. After an hour the wrap is removed, and smaller mea­surements "prove" that fat has already begun to move out of the system. The person is shown to be inches smaller, after adding up losses from 18 sites, perhaps in the same way a rubber band around the wrist makes a temporary indentation.

Among other remedies for reducing fat are loofah sponges, cactus fiber washcloths, horsehair mitts, brushes, rollers, massagers and rubberized pants.

Heat 'melts fat' The heat from sauna beds, belts and suits is said to

melt away offending cellulite. One hot air device "emits a controlled flow of high pressure warm air through a special nozzle. Air is expertly applied to areas of the body containing excess cellules (sic). The technique harm­lessly dissolves unwanted fat from the tissues for subse­quent elimination through natural bodily functions ... There is also the added advantage of spot reducing spe­cific areas of the body which are difficult to treat by other methods. "7

Charles T. Kuntzleman, EdD, an exercise physiologist in Spring Arbor, Mich., likens this gadget to "turning your blow dryer to its hot setting and directing the air to the area of your body where you'd like to lose fat."

Historic devices If you want to slenderize the easy way, you might try

a jolt from the Magnetic Belt, or maybe you'd prefer the "thousand tiny tingles" of a Figure-Tron body shaper, for all the benefits of "10 miles of jogging lying flat on your back." If overeating is a problem, you can change this with the Vision-Dieter two-tone glasses, which turn you off to your favorite fattening foods.8

All these devices and more can be found at Robert McCoy's Museum of Questionable Medical Devices in Minneapolis, Minn. The museum, sponsored in part by the Minneapolis and St. Louis Offices of the FDA, fea­tures the collections of McCoy, items from the Bakken Museum, the St. Louis Science Museum, and the Lindan Historical Collection along with devices seized by FDA through the years. It has been dubbed the "Quackery Hall of Fame."

Vision-Dieter glasses On display at the museum are Vision-Dieter glasses,

12 WEIGHT Loss QUACKERY AND FADS

invented by a Little Rock, Ark, optometrist named Dr. John Miller. The two-toned glasses, with one blue lens, one brown lens, claimed that these tinted lenses created "a very low-level confusion in the subconscious" causing the wearer to reject food. Sold for $19.95, the glasses were to be worn two hours a day, in the morning and afternoon but, strangely enough, not during meals.

Labeling them unapproved medical devices, the FDA seized 652 pairs of the glasses in 1982.

The Relaxacisor, circa 1955, is one of a long series of gadgets promoted to tone up the body and trim off bulges.

Nemectron, seized by the FDA in 1959, was claimed to be effective in toning the body, removing deposits of fat, and rejuvenating the body - plus effecting many other benefits for nerves, glands and brains.

The Slimnonics Electro Body Toner is a "Doctor-proven reducer for people who claim they can never lose weight with diets! Average loss in clinical obesity study is 26 pounds, in just 30 days!" To use it, simply attach the pads, turn up the pulse, adjust the controls for rhythm and intensity, and read, sleep, visit or watch TV.

Another toner is the Cell-U-Loss Body Toner, in which hundreds of vibrating fingers are purported to "dissolve cellulite and flabby muscle on tummy, thighs, rear and hips." Worn like a belt, the Cell-U-Loss Body Toner is placed over the spot you want to tone and can be ad­justed up to 2,000 pulses per minute ..

The 1953 Ozonator imparts electrical discharges to make one more active physically, as well as being effec­tive in "all kinds of ailments and diseases."

F1gure-Tron The Figure-Tron body shaper, for which "electro pulse­

pads" are attached to "any bulging problem area," allows the wearer to "literally dial in the figure of your dreams."

In writing an opinion on Figure-Tron for the U.S. Postal Service in 1983, William McArdle, PhD, of the Labora­tory of Applied Physiology, City University of New York, said that to achieve the equivalent of eight hours of ex­ercise in 15 minutes, as claimed, required the equivalent of 32 liters of oxygen per minute. This is impossible, he reported.

In addition, there is "simply no scientific data to sup­port the claim that such localized muscle stimulation can provide the physiologic equivalent of either high speed running or a rather heroic number of sit-ups." As to weight-loss, McArdle said it would require 117 hours of continuous use to use one pound of fat, if the device did increase oxygen consumption; hence 15 minutes a day is essentially useless. He concluded the claims for Figure­Tron were "highly deceptive and without scientific merit."

Don Aird, consumer affairs officer of the FDA's Min­neapolis office says this is an important collection that will help educate people not to be duped into believing in quack devices that promise grandiose cures.9

HEALTHY WEIGHT JOURNAL

4. Diet Pills

Eye of newt, and toe of frog Wool of bat and tongue of dog.

- from Shakespeare's Macbeth D iet pills, especially so-called "natural" and herbal remedies sold as food supplements, make up the bulk of questionable diet products on the market today.

False and misleading drug claims are often made, yet the label identifies the pills only as food supplements. Often herbal products have strong drug or toxic effects, especially hazardous because they vary in potency.

Herbals as hoaxes? Touted as all natural, or 100% natural, herbals are sold

to the hapless customer in seemingly infinite variations.1• 2

Natural remedies containing as many as 23 different herbs, a potent prescription drug, bits of tiger bone, male mouse droppings and a dash of lead and cadmium have been examined by the FDA

FDA says many cases of illness have been reported from herbal products, and some people have died. How­ever, the agency takes action against herbals only on a case-by-case basis, and usually only after injury complaints.

"Keeping track of herbs is an impossible task," says FDA's Sam Page, natural products chemist. "Herbs are sold at a multitude of small outlets."

FDA allows herbal products to be sold as foods even though they may have strong drug effects, charges the American Medical Association. As foods they evade drug requirements for standard quality, effectiveness and safety.

Herbal supplement catalogs are filled with advertise­ments not only for weight loss, but also for treatment of stomach pain, high cholesterol, hay fever, sinus, bladder control, sleeplessness, leg cramps, muscle spasms, colds, hemorrhoids, eye strain, rheumatism, arthritis, constipa­tion and diseases of the liver, bowel, blood, prostate and immune system.

It is incredible, say medical specialists, that products for such purposes, some of which may indeed contain potent drugs, can be labeled "foods," and thus avoid regu­lation.

Among many claims made for herbal treatments for weight loss are the following.

One herbal catalog touts these products: Fenne~ "an excellent obesity fighter," Seawrack bladderwrack , "one of the best herbs to combat obesity . . . has a splendid effect on glandular afflictions. Very satisfying results are found,"_ and Nettle Herb, "in combination with Seawrack will bring splendid results in weight loss." The herbs in­cluded are claimed to improve the digestive system, de-

HEALTHY WEIGHT JOURNAL

crease appetite, improve function of thyroid and pituitary glands, help remove toxins and cleanse the system, and energize a sluggish body chickweed, chia, fennel, seawrack, hawthorn, dandelion, kelp, burdock, licorice and enchinacea .3

Three weight loss products in another catalog include the Grapefruit Diet Plan on which "many people tell us they generally lose 3 to 5 pounds per week... they still enjoy three meals a day; Kelp, Lecithin, B-6, "all with Cider Vinegar, Nature's Fat Fighting Ingredients"; and Bromelain, which when "taken at mealtime helps to break down and digest the food we eat ... shown to effectively burn off fat ... without this action the fat is just stored as fatty tissue."4

A pill called Diet Systems 2001 is touted as an amazing new diet breakthrough that "helps you lose fat fast." It is claimed to dissolve "cellulite" naturally, tum fat into energy, tone and firm muscle tissue, and lower choles­terol. Ads say there is no need to bother with "torturous exercise" or resisting foods; you can eat all you want of favorite foods and "within minutes your body's fat cells will virtually begin shrinking ... You cannot fail." Claims are made for losses of 6 pounds in 24 hours, 9 pounds in 72 hours, 26 pounds in 7 weeks and two dress sires in 7 days.

A diet pill called Martrim, widely advertised in maga­zines, is claimed to cause rapid weight loss and keep it off permanently, without change of diet or exercise. Ac­cording to drug claims made, the product alters diges­tion, blocks the absorption of calories, and blocks the absorption of sugar. Eat "all of your favorite foods, as much as you wish ... within hours your body's fat cells will start to shrink as Martrim neutrali7.es the calories in these foods."

Ingredients are said to be 100 percent natural plant sources and herbs. One tablet is to be taken before each meal, but since it is "so effective," users are warned that they may lose weight too fast. If this happens they are not to allow themselves to become too thin, but to "sim­ply skip a day or two of use."

Before and after photos and testimonials are provided for two women and one man: loss of 87 pounds; 30 pounds in 30 days; down from size 12 to sire 5.5

Two herbal products, Herbal Cellulite Tablets and Herbal Cellulite Cream, promise "thinner legs and a smoother behind." The pills are said to work from the inside to dissolve unattractive fat bubbles and help free the fluid­filled cells; anc, the cream is smoothed on from the out­side on "cellulite" to absorb and burn fat. The formula includes four ingredients the FDA has banned for weight control: Arginine, Methoinine, Choline and Inositol.6

WEIGHT Loss QUACKERY AND FADS 13

Anti-cellulite Pills are a staple in the anti-cellulite industry. Herbalife

International marketed Cell-U-Loss until ordered by the California attorney general to cease claims it can elimi­nate "cellulite," without proof. Herbalife bounced back with Diet Disc, a "totally new concept in weight control" which includes the Cell-U-1.oss supplement, but makes a careful claim it reduces inches and "the appearance of cellulite." 7

Promoters of pills often

Bee pollen is called a "natural weight stabilizer." In combination with glucomannan and grapefruit powder it packs a triple punch which "controls appetite," "regu­lates metabolism" and "bums fat."

An FDA paper warns there is no valid scientific or medical evidence that grapefruit pills are safe and effec­tive for weight loss or any other medical purpose. 10 Simi­larly, there is "no evidence that glucomannan causes weight loss, and it is not approved by FDA for such use

- or any other use."

claim anti-cellulite effects along with numerous other miraculous results. Before it was ordered off the mar­ket in 1990, CalBan 3000 was claimed to mobilize

i Often the products have strong drug or toxic effects, especially hazardous becaus

they va,y in potency. ~

Glucomannan is no "great Oriental mystery," says FDA It is made from a tu­ber plant grown for food in Asia. 11

"fat, flab and cellulite," re-duce appetite, and block calorie absorption in the small intestine.

FTC recently charged that anti-cellulite claims made for Synchronal's Anuska products and pills are false and misleading, including that they can reduce or eliminate cellulite, or the appearance of cellulite; and that through their use thousands of women have reduced or elimi­nated cellulite. 8

Bee pollen Belief in the mystical power of bees and honey can be

found in Greek mythology. Today bee pollen is promoted as a virtual cure-all for a wide array of afflictions from excess weight and acne to cancer. The bee and honey connection is part of the "all-natural" mystique spun by con artists.9

Bee pollen is claimed to be nature's most perfect food. Promoters describe over 80 separate afflictions "success­fully" treated by bee pollen and related products like bee propolis, royal jelly, honey and bee venom. These in­clude obesity, colitis, nervous disorders, diarrhea, consti­pation, skin tumors, stomach ulcers, cancer, sore lips, nasal congestion, bums, infections, acne, herpes, wrinkles, arthritis, allergies, coughs, hypertension, prostate inflam­mation, and excessive x-ray and atomic radiation.

Bee pollen is claimed by Dr. Kurt Donsbach in his booklet Bee Pollen to "flush out impurities and toxins that constantly pile up in capillaries from stress the tak-. ' mg of drugs, and the various pollutants of modem times."

Says FDA, "There is no valid scientific evidence for any therapeutic benefit from bee pollen."

While bee pollen promoters claim it is "naturally safe," and "safe for any dieter," FDA warns that bee pollen is hazardous for persons with allergies, asthma or hay fe­ver.

Apparently bee pollen is just plant pollen, supposedly taken from the feet of bees enroute to the hive. This puts it high on the list of allergens for the 10 to 20 percent of people who suffer from allergies. 14 WEIGHT Loss QUACKERY AND FADS

Truck drivers are specifi­cally targeted by the pro­moters of bee pollen and

related products. At truck stops across the country they are served meals on colorful plastic placemats which tout the healing powers of bee pollen.

"Truck drivers and athletes, with their grueling hours and hard work... buy our products by the thousands " claim the brochures of one company, Bee-Sweet ~f Winston-Salem, NC.

Truck stop marketing of bee pollen provides a clear example of how quacks circumvent the law.

While bee pollen companies can promote false medi­cal claims in brochures and books, under freedom of the press, they cannot make such claims on product labels or accompanying literature. So even though truck stop placemats claim bee pollen can cure everything from obesity to atomic radiation, the bottle labels don't even mention weight loss. The pills are simply labelled as food supplements.

'!be bee pollen brochures and placemats with drug cla1D1s are, as required, placed in a slightly separate area from the product.

Most health food stores appear to be somewhat more cautious in stating drug claims close to the product, per­haps because of closer surveillance from enforcement agencies.

One bee pollen testimonial says, "Since I've been tak­ing High Desert, I lost 50 pounds, have not had the flu or even a cold, plus an incredible rejuvenation of body, mind and spirit!"

Bee Sweet's Grapefruit Diet advertisements urge over­w_eight truck drivers to take one of its large, foul-smelling pills before each meal to lose weight.

Another ad claims, "Our friends want to get started on your bee pollen as they see how much weight we have lost - 56 pounds and 20 pounds - and how we are full of such energy!" 12

Royal jelly, often advertised as a health enhancer or for weight loss, apparently triggered severe asthma at­tacks in 10 people, including one that recently killed an

HEALTHY WEIGHT JOURNAL

11-year-old Australian girl.13

Royal jelly is food for bee larvae secreted by worker bees, and stimulates the development of larvae into queen bees.

Doctors from Alfred Hospital in Prahran, Victoria, reported in the Medical Journal of Australia that they had linked the product to severe asthma and vomiting that killed the 11-year-old girl. Toe attack struck 20 minutes after she ate 500 milligrams of royal jelly. It also caused severe asthma attacks in nine other people, the report said.

The doctors said they tested four of the patients, who all showed sensitivity to royal jelly in standard skin al­lergy tests. Two patients who ingested royal jelly capsules experienced severe asthma attacks within 30 minutes.

"Royal jelly constitutes a major life-threatening risk to patients with a known history of asthma or allergies re­lated to asthma," the Australian doctors warned.

The report has prompted the Washington-based con­sumer group, Center for Science in the Public Interest, to ask FDA to warn asthma sufferers to stay away from bee products.

Doctors and the FDA have reported numerous other cases where bee pollen or bee wax have caused asthma attacks.

Blockers Pills claimed to block calories or certain nutrients from

being absorbed into the body are hardy perennials in the weight loss fraud marketplace. 14

Starch blockers During the early 1980s, "starch blockers" led the

field. They were said to contain an enzyme extracted from beans that could block the digestion of significant amounts of starch, so it would pass out of the body undigested. But it was soon revealed that,

product of this type, claimed to cause "automatic" weight loss by blocking fat absorption and decreasing the appetite. When swallowed, guar gum was claimed to form a gel in the stomach promoting feelings of fullness and blocking absorption.

Full page advertisements in newspapers across the nation claimed that Maxilite Fat Blocker diet pills could "flush calories right out of the body." Princeton Labs of Las Vegas· claimed scientific studies had proven its effectiveness. However, when the U.S. Postal Inspection Service submitted the pills to a medical expert, they were determined to be useless and the claims about weight loss false. Further, the scientific studies quoted had been conducted on ingredients not contained in the product JJ

Sugar blockers Extracts of Gymnema sylvestre, a plant grown in In­

dia, are being heavily promoted through health food stores as sugar blockers, claimed to cause weight loss by pre­venting sugar from being absorbed into the body.

According to Purdue University's Varro E. Tyler, Ph.D., a leading authority on plant medicine, chewing the plant's leaves can prevent the taste sensation of sweetness. But there is no reliable evidence that the chemicals they contain can block the absorption of sugar into the body or produce weight loss.

Fiber pills A raw carrot is better and besides fiber, you'll get

betacarotene, says Tufts University Diet & Nutrition Letter (Apr 1987) about the fiber pill craze.16

A sampling of these kinds of pills turns up Fibre Trim, Fiber Full, Fiber Rich, Fibre Trim, Thinz Grapefruit & Fi­ber, for a start. Supposedly the fiber expands to fill the stomach and intestines, thus curbing the appetite.

Tufts points out there is no hard evidence that the concentration of fiber into

although the plant enzyme may work in the test tube, the human body produces more starch-digesting en­zymes than these pills could possibly block., ac-

Ii FDA warns that bee pollen is hazardous for persons with allergies,

a pill cuts the appetite. What's more, some of the tablets are made of in­soluble fiber found in cel­lulose, rather than the asthma or hay fever. ~

cording to Stephen Barrett, M.D., author of The Health robbers: A Close Look at Quackery in America and other books on health fraud.

In 1982, the FDA received more than 100 reports of abdominal pain, diarrhea, vomiting and other adverse reactions in users of "starch blockers." As the reports poured . in, the agency took regulatory action and drove most of these products from the marketplace.

Fat blockers More recently, claims have been made for fat blockers.

One product now banned because of adverse reactions is guar gum. Cal-Ban 3000 was the most widely advertised

HEALTHY WEIGHT JOURNAL

soluble fiber believed to be better at curbing the appetite. Also, human appetites are not necessarily affected by how full the stomach is, par­ticularly for restrained eaters.17

FfC has challenged the effectiveness of a number of fiber pills. A complaint against Fibre Trim says the claims that it is an effective weight loss product and a high fiber supplement are "false and misleading,"

Also challenged are claims that Fibre Trim is an "ef­fective appetite suppressant, weight control, weight loss or weight maintenance product," and that it "provides the health benefits associated with a fiber-rich diet or a high intake of dietary fiber from food."

The FTC ordered the Schering Corp. to cease and WEIGHT Loss QUACKERY AND FADS 15

desist from claiming that Fiber Trim "provides any appe­tite suppressant, weight loss, weight control or weight maintenance benefit." In addition, the company must stop claims that the "product provides any health benefit as­sociated with the intake of fiber."

Schering also must stop "misrepresenting, directly or by implication, a the amount of fiber contained in the product, whether described in quantitative or qualitative terms; and b that the product is a high, rich, excellent or superior source of fi-

kola nut. The agency received more than 100 reports of illness associated with the product in 1994, as well as several deaths. Reported reactions include serious, life­threatening conditions such as irregular heartbeat, heart attack, stroke, seizues, hepatitis and psychosis. Also re­ported are minor temporary conditions such as dizziness, headache and gastrointestinal distress. 21

FDA and nonagency medical experts determined that the combination of Ma huang and kola nut a source of

caffeine can cause ber, using those words or words of similar • FDA received more than 100 reports

severe injury to people even under conditions of usual or recommended use.

meaning."

Ephedrine

of illness associated with the ephedrine product in 1994. as well as several deaths.~

Diet pills contain-ing ephedrine can be extremely dangerous, especially when people overdose, as they often do when trying to lose weight.1a. 19

Ephedrine is an amphetaine-like chemical that acts as a stimulant. It is not an approved drug for weight loss, and cannot be legally advertised or sold for this purpose.

However, promoters of ephedrine-based diet pills get around this in one of two ways.

Products containing ephedrine are often sold as food supplements, and thus they escape drug regulation.

The new twist is that some diet pills containing ephed­rine are sold as decongestants a legal use of the drug ephedrine, but have names like "Mini Thin," so diet conscious customers easily recognize them as weight loss products. The promoters make no outright claims for them as diet pills, but the suggestion is clear.

Ephedrine is the main component of the Chinese herb ma huang, for which many illegal drug claims are made, and many adverse effects have been reported to FDA

In March 1994, 10 teenagers were rushed to Texas emergency rooms with severe reactions to diet pills con­taining ephedrine. Ephedrine in diet pills was also be­lieved responsible for the heart attack death of an Austin woman one month later.

In Wisconsin, the death of a 30-year old woman was attributed to cardiac arrythmia or a coronary heart at­tack, brought on by ephedrine in over-the-counter diet pills, according to the toxicology report by the Wood County Coroner. 20

After at least 37 hospitalizations statewide and two suspected deaths, Texas· Health Commissioner David Smith in May 1994, temporarily banned a popular diet supplement containing ephedrine, Formula One, and pro­hibited the sale of ephedrine products to people under age 18. Nine states restrict ephedrine sales.

Toe FDA is currently evaluating the safety of ephed­rine-containing diet products by several companies.

In May 1995 FDA issued a warning that consumers should not buy or ingest Nature's Nutrition Formula One products that contain both Ma huang ephedrine and 16 WEJGHT Loss QUACKERY AND FADS

Ephedrine is sel-dom used now for its

legal use as a decongestant, says Gary Dewhirst, RPh, Hettinger, N.D. past president and chairman of the board of the North Dakota Pharmacy Association. It has too many severe reactions and unfortunate side effects, such as heart damage, stroke or seizures, especially when abused, and it is often abused by "kids who want to feel jumpy and hyper."

Dewhirst says the newer decongestant medications are much better.

"Many companies have voluntarily taken their ephed­rine products off the market because of the undesirable side effects on the heart and the potential for abuse."

The often-large doses taken to lose weight increase the risk of heart irregularities and damage.

With ephedrine, serious complications are always pos­sible. Any overdose is extremely risky and can start the heart racing, cause heart palpations and death. Yet over­dosing is common with diet pills.22

Chromium Picolinate Chromium picolinate is the main ingredient in many

weight loss products and muscle-building pills for ath­letes. It is sold as a food supplement through direct mail, magazine ads, door-to-door sales and in fitness centers.23

Supposedly, it helps reduce fat, build lean muscle, sup­press appetite and increase metabolism.

"Lose unwanted fat while reshaping your body to a leaner, trimmer, firmer physique!" is a typical claim.

Chromium picolinate has been the focus of a remark­ably successful, well-orchestrated campaign which began over a decade ago when a young chemist named Gary Evans worked on the synthesis of zinc picolinate at the U.S. Department of Agriculture Human Nutrition Re­search Center in Grand Forks, N.D. Toe synthetic pro­cess for metal picolinates was patented by USDA and leased to Nutrition 21, a California food supplement company.

After leaving the research center for Bemidji State College in Minnesota, Evans began researching and pro-

HEALTHY WEIGHT JOURNAL

moting chromium picolinate as a fat-burner and muscle­builder, while Nutrition 21 aggressively promoted it to vitamin dealers and weight loss and fitness centers.

The many unsubstantiated claims for the compound apparently originate with Nutrition 21 in collaboration with Evans as "consultant." Ads make much of the fact that chromium picolinate was developed in the nutrition laboratories of the USDA and is patented. Various stud­ies are cited repeatedly.

Scientists at that same USDA research center in Grand Forks finally in 1994 examined the claims being made for chromium picolinate, especially that it improves muscle­building and helps young men lose fat and weight. They concluded it has no effect on building muscle, or reducing body fat, or changing body composition, or decreasing weight, or incre~ing strength.

Similar results were found in a study in Massachusetts, where chromium picolinate supplementation was shown to be ineffective in changing either body composition or strength in nine weeks of intensive weight-lifting training for 38 football players. 24

Evidently Nutrition 21 produces the compound and sells it to large and small supplement companies, which then bottle and market the pills under their own names. Nutrition 21's hype of the product is quoted by compa­nies all down the line. Pyramid marketing schemes abound. (For information, contact: Nutrition 21, 1010 Tur­quoise St., San Diego, CA 92109, 1-800-343-3082).

Chromium picolinate has not been approved for weight loss by the FDA, nor has the agency seen any data on the claims being made, says Sharon Snider, FDA spokes­woman. It appears the products are being marketed ille­gally. No non-prescription drug is currently approved by FDA for weight loss, Snider points out. Over-the-counter sales of only two products, phenylpropanolamine - PPA - and benmcaine, are being allowed while they are un­der current review.

Like the many such promotions, the claims for chro­mium picolinate jump from drug-like claims to hook the customer, to "this is only a food supplement" claims to mollify authorities. Labels define the products as food supplements, which go unregulated.

The company ads imply that most people lack chro­mium and, even if they did get enough, it could hardly be assimilated without this particular man-made compound.25

The safety of using chromium picolinate, particularly in the large quantities often used by athletes, was ques­tioned by Robert Lefavi and colleagues in the Interna­tional Journal of Sport Nutrition.26 They warned about possible physiological disorders and anemia related to use. They charged that Evans' studies were poorly con­trolled and the data may be functionally meaningless. Most of his conclusions were called "preposterous."

Two books promoting the use of chromium picolinate are published by Simon & Schuster, also the publisher of the questionable Earl Mindell's Herb Bible.

HEAL771Y WEIGHT JOURNAL

Here are some typical claims: "Chromium Picolinate, along with our special blend of

herbs is a scientific breakthrough that is absolutely revo­lutionary! ... Originally developed in the nutrition labo­ratories of the U.S. Department of Agriculture ... Lose unwanted fat while reshaping your body to a leaner, trim­mer, firmer physique ... Works by making your body more sensitive to the hormone insulin ... This improves your metabolism so that your body relies more on using stored fat and less on using stored proteins. The result is more muscle and less fat! . . . No dieting, no exercise required. Just let it happen ... · Act today. You have nothing to lose except pounds and pounds of fat."27 ·

"Chromium has been processed out of many of our foods. And even when it is present, chromium is not easy to assimilate. It requires picolinic acid, to help it through the intestinal wall into the bloodstream. Studies have shown that chromium plays a key role in ... reducing fat through better appetite control and increased metabolic rate, and building lean muscle."28

"Unique new product combines chromium picolinate with an odorless garlic. Dramatically reduces body fat, lowers cholesterol, lowers elevated blood sugar levels in diabetes and builds lean muscle mass ... Metabolic rate is raised to bum off calories. "29

"University studies have identified CHROMIUM PICOLINATE as a 'trigger' for fat loss _and lean muscle enhancement . . . Fat loss was dramatic . . . 200 micro­grams taken daily caused a 22 percent fat loss in 6 weeks . . . Safe, essential nutrient. "30

"Controls hunger, especially sugar cravings ... Spares protein, stimulates metabolism. Chromium Picolinate pro­motes efficient metabolism by aiding the thermogenic effects of insulin ... Makes other sensible weight control efforts more effective . . . Chromium Picolinate more than doubled the net benefits of exercise alone. Many people say they didn't get good results until they added Chromium Picolinate ... Lost over 4 pounds of fat [in 60 days] ... The effect on men alone was even more strik­ing, with an average fat loss of 7.7 pounds." 31

Quick Trim with Chromemate combines herbs with fi­ber and a chromium product and is claimed to stimulate insulin to reduce the appetite, curb sugar and carbohy­drate cravings and enhance the body's capacity to bum calories. The chromium allegedly enhances the fat and calorie burning effect and spares the loss of lean muscle mass while dieting, and keeps the emphasis on burning fat. The herbs bladderwrack, fennel and burdock are "well respected dieting herbs which affect the thyroid, kidneys and digestive tract, as well as helping to remove fluid." The fiber is claimed to help eliminate fat and wastes from the body.

The USDA has not answered questions about this abuse nor why .it doesn't revoke the patent leased by Nutrition 21.

WEIGHT Loss QUACKERY AND FADS 17

5. Themes, schemes & combos

G immicks sell products. Especially when it's the right gimmick, at the right time, heavily advertised to the right market. The twisted genius in this is the con artist who wraps his

or her gimmick in a multi-million dollar scheme of ready cash and slips like quicksand through regulatory loop­holes.

The winning gimmick can be a single product with a simple theme. Or it can combine an array of quack con­cepts into a comprehensive and expensive program and even prey long-term on the same customers.

Themes Herbal and "all natural"

Most questionable diet pills are sold as food supple­ments. They are usually billed as "all natural," or "100% natural," or "herbal," which appeals to the overall theme of folk medicine, naturapathy and heomopathy.

Nutrition quackery today relies heavily on the exploi­tation of vitamins and supplements. This works because the FDA allows them to be sold as foods as long as no drug claims are made on the label.

Blatantly false and misleading drug claims are often made in hard-sell advertising by salespersons, through infomercials or print ads, and in promotional literature sent through the mails. But the product is considered a food if the label identifies it as only a food supplement.

These striking differences between advertising claims and label information are a clear indication of fraud. Legitimate products, such as aspirin, list their claims and uses on the label. When these are missing, it signals a clear warning that the claims are likely either untrue or illegal.

The products may have very powerful drug effects. This is especially dangeorus because they are unregulated and unstandardired. They vary greatly in potency, and are sometimes highly toxic.

It's true that herbs - plants used for their medicinal qualities - have a long and honored history in medicine and pharmacology. Herbalism is common to all tradi­tional folk medicine systems. Many herbs have been the source of new drugs. But most have been replaced by more effective synthetic compounds.

"Herbal medicine has, by and large, been turned into a hoax perpetuated by charlatans whose main concern is making a profit at the patient's expense," says Peter H. Gott, MD, a health columnist. "Herbology, as practiced by alternative healers, is based on outdated concepts and folklore." 18 WEIGHT Loss QUACKERY AND FADS

Quacks imply that because herbs are natural, they are safe. This is not true. Many are actually toxic - tobacco, loco weed, poinsettia leaves and other poisonous plants are all herbs. Furthermore, raw, crude herbs vary greatly in strength. · The American Medical Association says, "Unfortu­nately the FDA has permitted herbal products to be marketed as 'foods' as long as no therapeutic claims are directly made for them. This ignores the reality that an herb such as Cascara sagrata is a laxative whether it says so on the label or not. This has led to a brisk market in pharmacologically active herbs sold as over-the-counter medicines.

"The over-the-counter OTC herbal business amounts to over $1 billion a year. Regular OTC drugs must be accurately labeled, standardired, and proved to be safe and effective. Herbal preparations escape such regula­tion. Such a double standard is not in the public's best interest. "1

Naturals and herbals are the same, but there does seem to be a marketing trent toward calling these products "herbal" today, perhaps in part because of the popularity of the Herbalife company.

Interestingly, the same promoters who boast that their products are 100% natural and herbal have added the synthetic compound Chromium picolinate to their line without a qualm.

Cellulite concepts The cellulite theme, with its contrived problems and

cures, is a major concept for quackery in the weight loss field.

Cellulite is a quack term for ordinary fat that shows up on many women's hips and thighs as "waffle-like," or "puckers like an orange peel."

Supposedly a kind of "fat-gone-wrong," cellulite is claimed to be a combination of fat, water, and toxic wastes that should have left the body, but have been danger­ously retained.

The idea is explained in promotion material from Jet Trim, a vacuum cleaner-like device said to mobili7.e fat: "Cellulite is the malfunction of fat cells, poor blood cir­culation, improper nutrition of vitamins, and hormonal changes. Retained fluid causes swelling and contains toxic wastes. Exercising or dieting is not enough to break up cellulite."

Cellulite claims like this are common in articles and ads in the less reliable women's magazines.

The concept is itself irrational. Eleanor Whitney, PhD, RD, author of Understanding

Er£ALTHY WEIGHT JOURNAL

Nutrition, describes cellulite as, "supposedly a lumpy form of fat; actually a fraud." Fatty areas sometimes seem lumpy as strands of connective tissue pull the skin toward underlying structures; these attachment points may pull tight when the fat is thick, causing a lumpy appearance, she explains.

Cellulite is "treated" with thigh cream, anti-celulite creams, lotions, machines, body wraps and pills, all of them claimed to break up and move the offending fat. The "cellulite" is then "flushed harmlessly away" from the body.

Reportedly coined in France, the term cellulite has in­stant meaning for the woman who sees dimpling fat on her thighs. Long a popular bugaboo in European health spas, cellulite became known in the U.S. with the 1973 book Cellulite: Those Lumps, Bumps and Bulges You coukln't Lose Before, by Nicole Ronsard, the French owner of a New York beauty salon.

The book was a hit, and its theme quickly adopted by the fraudulent fringe of the weight loss industry.

Anyone may be vulnerable, it seems. Cellulite affects "80 to 90 percent of all women," copy writers say. "You don't have to be overweight to have cellulite, No matter how thin you are, those ugly bumps just won't go away."

The concept is now so popular it is being exploited by mainline cosmetics companies, one of the fastest growing areas in the cosmetic business.2 Cosmetics companies were expecting to pull in $50 million with anti-cellulite creams, lotions and gels in 1992.

Nutrition and medical experts say cellulite does not exist. It is not defined in the American Medical Association's Encyclopedia of Medicine or Webster's Un­abridged Dictionary. Many authorities ignore the term to avoid giving it credibility. Others warn that the word cel­lulite is a red flag warning of fraud or misinformation.

Fat storage and its appearance under the skin is influ­enced by sex, age and heredity. Two German physicians found the so-called cellulite effect was a family charac­teristic that became more pronounced with age. In one family the effect was evident in four generations of women: the great-grandmother, 79; grandmother, 59; mother, 33; and even on the buttocks, when pinched, of the daughter, 8.3 Connective tissue becomes less elastic and skin thin­ner with age, they explain.

Cellulite can be expensive. FDA reported that a skin and body care center in Chevy Chase, Md., offered 10 appointments for $250 to $280 in 1980, and a New York establishment sold 12 treatments for $475.

Spot reduction "Cellulite" is really ordinary fat, and like fat, cannot

be spot-reduced. The effect is only reduced with decreased fat throughout the body.

Nevertheless, many fraudulent products are based on a theory of spot reduction.

Even exercising an area does not reduce fat in that

HEALTHY WEIGHT JOURNAL

area, even though it can increase muscle, say research­ers. One study which measured the arms of tennis players, found the racquet arm had a larger cir­cumference than the other arm, but fat layers were iden­tical on both. Fat layers on both arms were also the same in a control group.

Detoxifying the body Another major quack theme is detoxifying the body of

accumulated wastes and toxins. Bowels, colons and body wastes are of great interest to

con artists, and have become the subject of elaborate manipulative schemes.

The intestines, colon and sometimes the blood are said to be filled with undigested foods and toxins. Environ­mental pollution and chemicals or additives in foods sup­posedly add to toxins lodged in the body.

"They have to invent the idea of toxins," says Peter Fodor, president of the Lipoplasty Society of North America, "because that gives them something to pretend they can fIX."

People are often persuaded they should detoxify their bodies several times a year with a 3- to 14-day cleansing program.

In the Inches Aweigh detox period the customer fasts for three days, drinking only a special lemonade and tak­ing three kinds of herbal capsules. This is said to cleanse the digestive tract of accumulated waste and putrefied bacteria, clean out the major organs and blood, and give mental clarity due to stopping the mind's bombardment by chemicals and food additives.

The Sambu Internal Cleansing Program is "Dr. Dunner of Switzerland's highly effective weight loss and detoxifi­cation program." It combines teas, drinks and pills, all billed as 100 percent natural. Prime ingredients are el­derberries and birch-juniper. How the products work is not made clear, but the program is said to have great success in Europe. Priced from $2.36 for the tea to $33.60 for the Trimmybell abdominal exerciser. 4

Dr. Clayton's Natural Program for Weight Control com­bines three pills, two for cleansing and one for weight loss. Blood Cleanser is claimed to "detoxify the blood and tissues"· Herba-Clenz is for "cleansing and healing the , . bowel"; and Weight Control "helps your body control_ Its weight through improved metabolism, reduced appetite, etc." The aim is to "lose weight, maintain the loss and enjoy improved health and higher energy levels." Thir­teen herbal ingredients include licorice root, kelp, fennel and chickweed $28.68 .5

If toxins and wastes were really retained in the body people would not survive, says Vincent F. Cordaro, MD, an FDA medical officer. "A person who retained wastes and toxins would be very ill and could die if not treated. The whole concept is irrational and unscientific."

The detoxification scheme enables the skilled con art­ist to gain a mystical power over the customer, by diag-

WEraHT Loss QUACKERY AND FADS 19

nosing a potentially fatal sickness, which does not exist, but can only be cured by his or her secret knowledge.

Nonexistent illnesses can be vividly imagined. It can be terrifying for people who believe they are being poisoned by toxic wastes from their own body or the environment. 6

Toe FDA's Food Advisory Committee suggests that the terms "flushing" and "cleansing," often associated with detoxification, seem to be metaphors for diuretic and laxative effects, and as such should be considered drug claims.

How lean people differ Setting up a crisis, then miraculously divulging the so­

lution unknown to modem medicine is the basis of many fraudulent schemes.7

Some focus on what large people's bodies may be lack­ing to make them different from lean people.

Toe No-Fault System at International Reducing Sys­tems says it is the lack of a fat-destroying hormone called HGH that causes overweight. Lean people with the "right body chemistry - hormones, enzymes, proteins - bum fat quickly and efficiently" while others store fat, according to their ads. "Weight loss occurs only when hormones tell the cells to bum fat."

By correcting the HGH shortage, weight loss is easy. "You can switch on your body's natural tendency to

become - and stay - lean and firm by duplicating the lean body chemistry of your thin friends. Not by drugs ... not by dieting alone ... _ not by exercise ... but with all natural, clinically tested and proven substances that switch on the fat-burning powers of your own body."

Dieting is "unscientific and ineffective . . . but NOW THERE'S A BETTER WAY! Today's space-age research into the body's most complex chemical processes has fi­nally discovered the special substance that triggers fat break up and slough away fat.

"What's even better, we now know how to get your body into that special chemical state with organic fat­burners called lypolites, like linolenic acid, arginine, or­nithine and lysine, technical medical terms for powerful natural and safe stimulants that can spontaneously co­vert fat into energy."

Toe No-Fault System consists of two products. The Eliminator is a large oval chalky pill containing lysine, arginine, ornithine three magical ingredients which of­ten show up together like a quack litany in supplement catalogs , as well as kelp and golden seal root. Toe Ac­tivator, a large golden droplet in a clear capsule, contains gamma linolenic acid in a "base of linoleic acid from cold pressed black currant seed oil and refined oil of borage."

Dozens of glowing testimonials claim weight losses from 5 pounds in 48 hours to 17 pounds in 7 days.

A customer identified only as J.W. of Stratton, Maine says, "Three days after I started using the No-Fault Sys­tem my body looked like it had just melted all the excess fat away! In one week I went from 142 lbs. to 125 lbs. and

20 WEIGHT Loss QUACKERY AND FADS

I didn't diet! Evidently your pills just burned all the fat I was ingesting."

Toe No-Fault System and other weight loss products promoted by the company, Universal Nutrition Corpora­tion UNC , were investigated by Roger E. Kline, Acting Director of FDA's Atlanta District.

Kline said the advertising for these weight loss prod­ucts contained many false medical claims, but he could not recommend action.

In a memo dated Jan 4, 1990, he wrote with apparent regret, "Because FDA's current policy is not to take ac­tion against weight control products, except in rare in­stances, Atlanta District has not recommended any legal actions."

Georgia's Office of Consumer Affairs has also objected to, but not taken action against, UNC's advertising prac­tice of quoting and using testimonials of doctors with Georgia addresses who are not licensed in the state.

Targeting the vulnerable With today's high-tech methods it's easy to target only

the most likely or most vulnerable customers. 8

For instance, the Primary Plan of the National I_nstitute of Weight Control targets new mothers. After childbirth, the woman receives a colorful, glossy flier with the mes­sage, "This Revolutionary Weight-loss Tablet Plan Can Enable New Mothers to Quickly Lose 20-75 Pounds."

Bev Benda-Moe, RD, a Licensed Registered Dietitian and Nutrition Coordinator at the Grand Forks Public Health Department, Grand Forks, N.D., received this "new mother" offer shortly after the birth of her son in January 1990.

Benda-Moe reports, "As a postpartum mother with an eagerness to return to my pre-pregnancy weight, I was momentarily intrigued and wishful. As a dietitian who knows better, I was angered by the slick advertising with its empty promises, and the fact this organization had somehow obtained my name and address as a new mother."

Toe offer was for a bottle of "fat evaporation" pills, a "free" nutritional analysis, and a diet plan, for $32.

Toe pill ingredients were: glucomannan, lecithin, grape­fruit, lemon and orange powders, potassium chloride, ci­der vinegar, and chickweed, uva-urs leaf, kola nut, blad­der wrack and hawthome berry powders. Glucomannan is a bulk-forming agent often used in weight-loss concoc­tions to provide a sense of fullness. There is no evidence that it affects hunger ratings or weight loss. Toe kola nut powder contains caffeine, which is on a list of diet-drug ingredients banned by the FDA Lecithin is also on that list.

Benda-Moe filled in the nutrition analysis form. This was a brief review of medical history and lifestyle habits, a food frequency form which asked how many times per week certain foods were eaten, but did not obtain infor­mation on serving sizes, preparation methods, or foods

HEALTHY WEIGHT JOURNAL

not listed on the form. "I was curious about how this organization would be

able to analyze my diet with such incomplete and non­specific information. My 'very detailed' report said I was lacking in zinc and copper and that a "special supple­mental formula" had been devised for me - a 30-day supply for only $22.

"The nutrition analysis was difficult for even a dieti­tian, like myself, to decipher. Many of the nutrients were listed as "grams per 1,000 calories" for both my intake and the standard. Since I consumed more than 1,000 calories, I had to calculate it myself.

"I imagine m9st consumers would ignore the confusing analysis and go straight to the formula order form.

"The 'special formula' offered me was a typical multi­vitamin, not a zinc or copper supplement. I was told that I needed a 'complete unit' since vitamins and minerals are 'synergistic' can help increase each other's effective­ness . For some unknown reason, I was told that I must order my vitamins within two weeks of receiving the nutrition analysis.

"What I learned most through my investigation was again how crafty these fad diet manufacturers are. They have healthy-sounding names, appealing marketing tac­tics, good timing, a good mix of scientific blabber and emotional persuasion, and they know how to keep their hooks in their prey. They also know how to slip-slide their way past federal regulation and surveillance.

"The challenge for health professionals continues to lie in educating the public. We need to teach consumers how to spot health fraud and save their money for repu­table services. And most of all, we need to look through the eyes of desperate consumers and strive to meet their needs . . . before someone else does. "

Combos Numerous programs combine several pills or creams

into so-called comprehensive weight treatment programs. The spa or salon-type treatments are uniquely able to

bring the various themes together into a total program. Customers come for them in-house and are handled by specially trained "counselors."

The Inches Aweigh program, for instance, which adver­tises "Lose 4 to 14 inches in one hour!" signs its custom­ers up for weekly body wrap treatments in salon, daily use of 10 passive exercise tables each moving a different body part , a three-day detoxification period, cellulite­softening lotion for bath, and four kinds of diet pills of which they take up to 30 a day, all at the hefty cost of over $350 per month.

The great variety of quack concepts concentrated in this center are mind-boggling.

The body wrap or "contouring" is the key to quickly losing those promised 4 to 14 inches. The customer, clad

HEALTHY WEIGHT JOURNAL

in a two-piece bathing suit, is first rubbed with a lotion claimed to break down cellulite, increase circulation and reduce water retention. Then she is wrapped firmly from toe to chin excepting breasts with a six-inch wide Sa­ran-like plastic wrap. After an hour this is removed and she is again measured. The catch is that measurements are taken at 18 sites. Added together, it takes only a one­fourth inch loss at each to total four and a half inches.

This miniscule amount can easily be adjusted by a clever counselor with a snug tape. Or the wrap could indeed cause a squeezing effect, just as a rubber band worn around the wrist for an hour will leave an indentation. It is claimed, however, that there will be an additive effect of inches lost from week to week.

Daily one and a half hour sessions on the 10 motor­ized passive motion tables are encouraged. Each is de­signed for specific body parts. There is the waist-tummy­hip table, the sandbag table, the side-to-side table, the vibrator table, and the stretch table. The counselor in­structs that the mechanical shaking will "increase oxygen and blood flow and flush out fat-inducing acids." This is "beneficial for loss of inches, reduced cellulite," and many other problems.9

Schemes Easy money

An opportunity to make easy money holds natural ap­peal, and when you can lose weight at the same time, it's a bonus. Who can resist? 10

This was the pitch of a program called the Ultimate Solution Diet Program, by Amerdream of Miami Beach, which advertised via newspapers and direct mail a method to earn money by helping in a diet study.

"We will pay you $1,000 to lose weight, if you help us test our new all natural, safe and effective diet program!"

The Ultimate Solution focused on three diet aids: the Eat-Less Diet Lozenge for eating before meals; the Night­Trim Diet Tablet for nighttime; and Dessert Diet Wafers, for snacking throughout the day. Individuals on the plan ate 305 calories per day for three days each week, alter­nating with normal eating the other four days.

The catch was ingenious. Payment was not in $1,000 cash, but in a U.S. Bond that would eventually mature to $1,000.

According to consumer reporter Kevin Keeshan of KGET-TV in Bakersfield, Calif., the savings bond would cost $130 to $180. To get this you are required to buy two months of Ultimate Solution products, costing $229, and fill out a detailed diet diary, he said.

In defending its program, Amerdream submitted 103 testimonials and 12 journal articles. The investigators dis­counted the testimonials as proof and found the studies to be either inappropriate, old before 1960 , short-term, or non-representative of the program.

WEIGHT Loss QUACKERY AND FADS 21

In addition to the misleading offer of $1,000, the Na­tional Council Against Health Fraud criticized Amerdream for false and misleading statements, and said that the ingredient glucomannan, used as a bulling agtmt, is ineffective and a source of possible increased flatu­lence, diarrhea or other gastro-intestinal problems.

Complaints surfaced across the country in state con­sumer affairs offices as customers demanded the money they had "earned." Eventually a federal court in .Arimna banned Amerdream from making the claims and required them to pay consumer redress. 11

Pyramid schemes Illegal in some states, pyramid schemes or multilevel

marketing .or network marketing programs are popular and can be the source of easy money for con artists.

This is a form of direct sales in which distributors sell products and recruit other persons to sell and recruit for them. The distributor at the top makes the big profits -a percentage of everyone's sales below his or her level. Others at various levels may have some success before the "miracle" plays itself out.

High pressure motivational meetings are often .staged to convince newcomers of the wealth to be made, the value of the miracle product, and how easily they can get others to sell it for them. As people are enrolled, they in tum try to get others to sell under them and receive a percentage of their sales.

"The one at the top makes a bundle," reports FDA Consumer. And the small-time people at the bottom struggle with making door-to-door sales work for them.

The rookies which were popularized for a time as high­fiber meal replacements, such as Lifestyle cookies, were heavily sold through pyramid schemes.

And a pyramid scheme complaint brought authorities · down on the Appetoff appetite patch scheme by Meditrend when a consumer who was considering be­coming a distributor contacted the FDA

Hit and run Another marketing ploy which has worked effectively

in weight loss fraud is to come up with a distinctive new gimmick, advertise it heavily, pull in the cash as long as it is lucrative, then disappear as authorities begin to close in.

This may have been the plan for the aborted Cho Low Tea scheme of Peter Foster.

Foster's scam almost succeeded. The Australian rented a Beverly Hills mansion for $8,000 a month, placed full­page ads in 105 newspapers nationwide hailing an herbal weight-loss and cholesterol-lowering Chinese tea, that he didn't have or bother to stock, at an apparent cost of $600,000 - which he didn't pay - pulled in $215,000 in five days, and was set to disappear with his fortune of millions from similar schemes he had stashed in the Cayman Islands, when authorities moved in and arrested 22 WEIGHT Loss QUACKERY AND FADS

him. They found Foster hiding under the bench of a sauna, with a moving van out front.

Foster, 26, was required to serve 120 days in jail, pay back $300,000 and put in 900 hours of community service picking up garbage on the Los Angeles freeway.

But predictably, after serving jail tiine he disappeared, surfacing later in the Cayman Islands where he had banked millions.

Foster's full-page advertisement had a Better Business Bureau logo and fake endorsements from seven medical sources. It boasted that Cho Low Tea kept the Chinese slim for centuries, helps reduce cholesterol, reduces wa­ter retention, and aids in digestion of fatty foods.12

Authorities acted swiftly in this case and no customers lost money. By the second week of August over a quarter of a million dollars had been intercepted by California authorities.

FDA scolded the newspapers which had not been paid for their ads, including the Washington Post, Los Ange­les Times, and other prestigious papers, for carrying the ads "knowing full well this is a fraudulent product," and that the claims in the ad made Cho Low Tea a drug, illegal to market without FDA approval. 13

Wealth building Supplement companies often seek to build a strong

sales force through motivational meetings and aggressive recruiting. They may combine pyramid schemes and door to door sales.14

Herbalife is one company that has grown quickly to international megasuccess. Founded in 1980, the Los Angeles-based company went public in 1987 with an ini­tial offering price of $9, and launched a worldwide ex­pansion in 1992. Sales last year are estimated at $700 million.

Herbalife stocks went up 17 times from the July 1991 price of 50 cents, a low point, to $11.875 in March 1992 . ' accordmg to the Wall Street Journal. (7/15/92), boosted by expansion into a dozen countries. However, the Wall Street Journal. reported Herbalife insiders were selling - sales head Lawrence Thompson had sold 10 percent of his Herbalife holdings, 260,855 shares, for $2,060,000 - and predicted a fall. In the weight loss industry, international expansion has often indicated a drop in U.S. sales.

However, the bold move to worldwide sales appar­ently succeeded. A recent Business Week article reported Herbalife retail sales of $400 million in 1992 with a steep jump to $337 million for the first half of 1993. Worldwide revenues for 1993 are estimated at $700 million, with about 75 percent coming from foreign markets, says John LaRosa of Marketdata.

Herbalife promotes expansion through recruitment meetings and its brochure, "The Wealth Builder," featur­ing success stories of those who made money as distribu­tors. They include a "former school bus driver" who last month "earned over $30,000," and a "single mom" who

HEALTHY WEIGHT JOURNAL

"earned over $65,000 last month." Some marketing executives believe this "wealth build­

ing" program, run by Lawrence Thompson and Larry S. Huff, focuses more on getting new distributors who in tum recruit new distributors, than in selling product, says LaRosa.

Regulatory efforts to contain Herbalife within the law began almost at the beginning. In 1982 the FDA sent Herbalife a "Notice of Adverse Findings," citing six vio­lations. Most serious was use of two herbal ingredients in their pills - mandrake and pokeroot - termed "unsafe for food use."

In 1984, the Massachusetts Nutrition Resource Center published its "Review of the Herbalife Diet," which con­cluded that the plan failed to meet 11 or 12 criteria for a safe effective weight-loss program.

The following year FDA again ordered Herbalife to stop making fraudulent and misleading claims. By 1985, FDA had documented more than 100 cases of adverse reactions to Herbalife products, including nausea, head­aches, diarrhea, constipation and vomiting.

In 1986, Herbalife was fined $850,000 by the Califor­nia attorney general's office for making false medical claims. The California suit cited questionable claims for more than 10 Herbalife products. As part of the out-of­court settlement, Herbalife agreed to halt claims that their products could curb the appetite, burn off calories, cleanse the system, eliminate "cellulite," or that users could lose weight without reducing caloric intake.

In 1987, Herbalife was fined by Canadian authorities for their pyramid marketing ploys to recruit sellers.

In another suit, Herbalife was ordered by FDA to stop claiming its Cell-U-Loss product could eliminate "cellu­lite" and cause weight loss. Herbalife still sells the pills, but has modified the claim to say they "help reduce the appearance of cellulite." . .

The company is said to no longer use the mgred1ents mandrake and pokeroot, which pose a potential danger. Several fatalities were investigated by FDA in relation to Herbalife Slim and Trim, but the agency reported that "available evidence" did not establish the link between the Herbalife products and those fatalities. Dealer ethics have also been investigated by FDA.

Many health and nutrition experts have expressed ma­jor concerns about the safety, effectiveness and legality of Herbalife products, according to Tufts Universi.ty Diet & Nutrition Letter.

Despite its legal entanglements, Herbalife International remains strong in the diet industry.

Herbalife is enjoying enormous success with its popu­lar new product, Thermojetics, "a revolutionary weight loss product," which is claimed to work by "creating a more desirable energy balance in the body . . . The re­sult: goodbye fat."

Thermojetics acrounts for 40 percent of U.S. 1993 sales, or about $70 million in this country alone, LaRosa re-

HEAL711Y WEIGHT JOURNAL

ports its special ingredient is "Chinese Ma Huang," which contains ephedrine. The FDA reports numerous adverse effects from ephedrine in food supplements.

Ever resilient, Herbalife responds that Thermojetics can be reformulated without this special ingredient, as was recently done for Canadian sales.15

Infomercials Infomercials are currently one of the most powerful

ways to move questionable products. Proliferation of cable TV has increased the opportunities. Also, talk radio and TV shows, promoting products through talk show hosts, and advertising on the same programs have provided a tremendous opportunity for exploiting the public.16

Aggressive half-hour advertisements in the guise of news or interview shows flourish on television.

Program-length infomercials were made possible in 1984 when time restraints for commercials, set up by the Federal Communications Commission in 1973, were abol­ished by FCC Chairman Mark Fowler. It was the era of Reagan deregulation, of "let the listeners decide." It was claimed the free market would prevent over commercial­ization.

Healthy Weight Journal. first reported on airways abuse in 1988 when President Reagan's son Michael sold Eurotrym Diet Patches in a 30-minute television commer­cial disguised as a talk show.17

Following the 1990 Congressional hearings on abuses of the weight loss industry, and stung by Rep. Ron Wyden's blistering "sleeping watchdog" charges, the Fed­eral Trade Commission responsible for truth in adver­tising took action against several diet products marketed through infomercials.

On Oct. 30, 1991, FTC announced that Nu-Day Enter­prises, Inc., of Gig Harbor, Wash. and its owner, Jeffrey Bland, had agreed to display a disclosure during the ~st 30 seconds and immediately before each set of ordering instructions, that their 30-minute infomercial program ~s an advertisement. They also agreed to stop unsubstanti­ated claims about the Nu-Day Diet Program and pay a $30,000 fine.

The FTC said the Nu-Day television commercial en­titled "The Perfect Diet" simulated a newscast and falsely claimed 100,000 clinical trials have been conducted. It also falsely said the diet alters human metabolism so that weight won't be regained when users increase their ca­loric intake.

Nu-Day costs $59.95 and consists of two meal substi­tute products - a protein and nutrient powder called Nu­Day Meal Replacement Formula, and a dietary fiber supplement called Nu-Day Herbulk. . .

Among claims FTC says are false and m1sleadmg: "The Nu-Day program allows us to tune up that he:it­

producing machinery so that fat is not stored for a ramy day that never comes. Rather, it is lost as body heat -that is what we call efficient metabolism. So really, we're

WEIGHT Loss QUACKERY AND FADS 23

inducing efficient metabolism . . . A diet that actually raises your metabolism, causing your body to bum off excess fat, quickly, safely and naturally ... Developed by Dr. Jeffrey Bland, one of the nation's leading nutritional biochemists ... amazing true stories of people like your­self losing 20, 30, 50 pounds or more, quickly and natu­rally."

About the same time, the FTC also charged another group of companies with making false claims in their infomercials: Synchronal Corp., Smoothline Corp., Omexin Corp and Anushka. Products sold in their infomercials included the Anushka Bio-Response Body Contouring Program, a "cellulite" treatment of Anushka, Bio-Response Body Contouring Ge~ Firming Lotion, Multi­Revitalizing Cream and Cellulean tablets.

Richard Kaylor, Synchronal president, protested the FTC charges, "Our company has been in the forefront in development of standards for this emerging industry. We consistently and carefully examine, research and docu­ment each and every claim made on the infomercials we run."

FTC said the following claims made by Synchronal about Anuska products were false and misleading: • that the products can reduce or eliminate cellulite, or the appearance of cellulite; • that they can reduce the siz.e of hips and thighs; • that they can cause weight loss; • that thousands of women have reduced or eliminated cellulite by using the products.

Further, FTC said the program was false and mislead­ing, that it was misrepresented as an independent televi­sion program, not paid commercial advertising, and that it used testimonials which do not reflect typical experi­ences of persons who have used the products.

Additional decep-

attendees will quit smoking without weight gain. People attend, pay their registration fees, hear a motivational speaker for two hours.

One such hypnosis scheme is the Gorayeb seminar. Ads claim you can lose weight quickly, safely, without

hunger, without dieting, without willpower, in one two­hour session, registration $39.99.

A recent ad for Ronald B. Gorayeb, Certified Hypnotherapist claims:

"Using the power of hypnosis, you will lose unwanted cravings, eliminate the addiction to sweets and break the impulsive/compulsive eating habit - once and for all. You can expect results ranging from 30-60 lbs. in 3 months to 120 lbs. in one year. No willpower, no hunger, no dieting, just success.

"Thousands have succeeded before you and you will too! Stop having weight as an issue in your life. Join us and become the winner you've always wanted to be. With the Gorayeb Method of Clinical Hypnosis, there is no sleep or loss of control. You are awake and aware. Ev­eryone who attends will be hypnotiz.ed. You'll leave re­freshed - feeling good."

The FTC didn't believe it, and called these claims false and misleading, consisting of unfair or deceptive acts or practices in violation of the Federal Trade Commission Act, and obtained a cease and desist agreement from the principals, Ronald B. Gorayeb and his two New Jer­sey corporations, -Gorayeb Seminars and Gorayeb Learn­ing Systems.

A spokeswoman at the toll free number says the hyp­notist travels throughout the United States, putting on local seminars, booking at hotels. He advertises through local newspapers and radio when he's going to be in the area. Most of his "studies" on effectiveness are in the

form of testimonials, tion was exposed in the automatic shipping of unordered merchan­dise. The FTC said that once customers ordered products, Synchronal in many cases automatically shipped them bi­monthly supplies with-

ti Infomercials are currently one she said. Gorayeb Seminars "have been in the business for over nine years, and people seem very satisfied."

of the most powerful ways to move questionable products . . . N . .. talk radio shows .. . have

provided a tremenendous opportunity Claims for the smoking seminars are that participants will be cured of smoking without having any

for exploiting the public. ~

out their consent and billed their credit cards for the purchases.

Hypnosis Hypnosis seminars are often conducted in another type

of "hit and run" program. A motel room is booked. Glowing ads for the semi­

nars are placed in local newspapers promising weight loss by hypnosis. The program may be in conjunction with a related smoking-cessation seminar which claims

24 WEIGHT Loss QUACKERY AND FADS

weight gain. These claims, too, were called false by FfC. Similarly, a Florida company that markets hypnosis

seminars for weight loss and smoking cessation recently agreed to settle FTC charges that they made unsubstan­tiated claims in advertising. The American Institute of Habit Control and its president, Steven Present, market­ers of "The Present Seminar" and other weight loss and stop-smoking seminars, were charged with making false and misleading claims about the effectiveness of their seminars.18

HEALTHY WEIGHT JOURNAL

6. Slim Chance Awards

W ant a little miracle thigh cream to spread on that hip? A pill to tum your fat to muscle? Sorry. It's a slim chance it will hap­pen to you or anyone you know.

Two suspected deaths and 37 hospitalizations in Texas resulted in a temporary state ban on the popular ephed­rine-containing diet pill Formula One. Herbalife's big weight loss seller Thermojetics, boasting the popular in-

The annual Slim Chance Awards - the "worst" weight loss products of the year - spotlight these slim chance miracles. Nominated by con­sumers and health professionals, the awards are presented each January during Healthy Weight Week by Healthy Weight Journal and the Task Force on Weight Loss Abuse of the National Council Against Health Fraud.

Weight loss quackery is a multi­billion dollar business that batters its customers with false hopes, fos­ters paranoia, and claims its victims in death and injury. Its hard-sell ads claim pills and gadgets will cut ap­petite, speed metabolism, block fat and calorie absorption, remove ex­cess water, and move fat and "cel­lulite" out of the body.

In their relentless assault on sci­ence, the purveyors of quackery also undermine responsible weight man­agement programs and nutrition education.

The Slim Chance Awards are given to help expose fraud and ques­tionable practices in the weight loss industry. Health professionals and others are challenged to take action against fraud, and to join in educat­ing consumers in how to recognize and protect themselves against fraud.

Here are the "worst" of the crop, the winners of the six annual Slim Chance Awards, from 1990 through 1995.

1996

Slim Chance Awards

1996 Ephedrine-laced diet pills Mushroom tea

1995

1994

1993

1992

Hypnosis seminars Ninzu ear clips Smooth Contours thigh cream Nutrition 21's Chromium

picolinate Herbalife's Thermojetics Gut Buster Dr. Oayton's Natural Program Aeetwood Tables Revlon Anti-cellulite MarTrim

Acu-stop 2000 Slender You Exercise Tables Bodi-Trim Pills Synchronol infomercials

Bee Sweet Grapefruit Diet B.I. Body Wrap Primary Plan Tablets Slender-Mist Appetite Spray

1991 Cho Low Tea Cal-Ban 3000 Dream Away Fat Blocker Berry Trim

1990 Fat Magnet Jet Trim Cellulite Unit Ultimate Solution Diet Appetite Patches

'It's a SLIM CHANCE you'll get help from from any of these.'

gredient "Chinese Ma Huang," report­edly brings in 40 percent of the company's U.S. sales, about $70 mil­lion.

Side effects of the drug are heart damage, stroke, increased blood pres­sure and seizures, especially when abused - and it's clear that diet pills often are abused.

In the past two years, FDA reports some 330 adverse reactions to ephed­rine-containing products, primarily ma huang, including about a dozen deaths.

Most Outrageous - Mushroom tea Variously called Mushroom tea,

Kombucha, Fungus, Kargasok, Man­churian, or Kvass tea, this outrageous brew is made by adding tea, water and sugar to a fermented starter batter of yeast and bacteria.

Burning body fat and causing weight loss are only two of some 50 benefits claimed for the tea. Others are curing AIDS and cancer, and detoxifying the body. Many claims relate to looking and feeling younger. "Drink black tea in the morning for energy, green tea in the evening to improve the immune system," advise promoters.

When an Iowa woman died and an­other became ill after drinking the tea, the Iowa health department issued a warning. The FDA also warns the mushroom tea may be harmful. AIDS patients, many of whom are drinking the popular tea to bolster their im­mune systems, may risk most harm, said the National Council Against Health Fraud.

Worst Claim - Hypnosis seminars Worst Product- Ephedrine-laced diet pills. Ephedrine is sold legally as a nasal decongestant, even when "asthma" pills are suggestively named Mini Thin. It avoids drug regulation entirely in the form of the Chinese herb ma huang.

The worst claim of the year promises large, rapid weight loss upon attending a single two-hour Gorayeb hypnosis seminar. "You can expect results ranging from 30-60 lbs. in 3 months to 120 lbs. in one year." There's more, of course, "No willpower, no hunger, no dieting, just sue-

HEALTHY WEIGHT JOURNAL WEIGHT Loss QUACKERY AND F .ADS 25

cess. Using the power of hypnosis, you will lose unwanted cravings, elininate the addiction to sweets and break the compulsive eating habit - once and for all. Stop having weight as an issue in your life."

In related smoking-cessesation hypnosis seminar',, Ronald Gorayeb claims participants will stop smoking without gaining any weight.

The Federal Trade Commission called the Gorayeb claims false, misleading and in violation of the FTC Act.

Worst Gadget - Ninzu ear clips A device that fits on the ear and is claimed to suppress

appetite through acupressure, Ninzu is one of three such gadgets in three questionable companies run by a Balti­more man.

Other ear clips promoted by Michael Metzger with similar claims are Auricle Clip and B-Trim. "The proven principles of acupuncture without needles. In just sec­onds your hunger pains disappear. You eat less, you lose weight quickly ... It's safe and it works. We guarantee it. Wearing Ninzo for less than 3 hours a day will produce dramatic results."

FTC has charged that claims for the three ear clips are false and misleading.

1995 Worst Product - Smooth Contours thigh cream. Thigh cream hit the headlines through a scientific route. But when obesity researchers George A. Bray, MD, and Frank Greenway, MD, rushed this one to market there appeared to be a few gaps in their research. The public ate it up,

anyway - uh, rubbed it on. Makes sense, in a way, if you want to believe that

rubbing on this or other anti-cellulite creams can break down your tough fat cells. But even if it did work, thigh cream would only shift fat to another part of your body. Under your chin, perhaps? Bray and Greenway market their thigh cream in various ways, including their own Smooth Contours sold via Nutri/System.

Most Outrageous - Herbalife's Thermojetics. It is outra­geous that two large unappetizing, worthless pills can pull in an estimated $70 million in U.S. annual sales alone, 40 percent of Herbalife sales. And domestic sales are only 25 percent of Herbalife's worldwide $700 million annual haul.

The name Thermojetics slyly suggests increased heat and fat burning, but Herbalife is cautious. Hit many times for violations and fraudulent and misleading claims, Herbalife merely suggests the pills help you lose weight by "creating a more desirable energy balance in the body." The ingredient "Chinese Ma Huang" has been suspected of serious side effects including hypertension.

Worst claims - Nutrition 21's Chromium picolinate. 26 WEIGHT Loss QUACKERY AND FADS

Young men trying to build their physique and dieters are primary marks for the seductive sellers of chromium picolinate. We're going right to the source on this one, wholesaler Nutrition 21, which passes chromium picolinate on to many dealers of questionable supplements who then market it under a variety of "chromo-pico" names.

Like thigh cream promoters, Nutrition 21 calls on sci­ence to back up misleading claims. But the USDA Hu­man Nutrition Research Center in Grand Forks, N.D., most often cited by Nutrition 21, reports there's no evi­dence and all these claims for chromium picolinate are false and misleading: improves metabolism, resulting in more muscle; melts fat away; no dieting, no exercise re­quired to lose fat; better appetite control; increases me­tabolism; reduces body fat, lowers cholesterol; lowers blood sugar. Researchers warn of possible health risks, particularly in the megadoses athletes commonly take.

Worst gadget - Gut Buster. Gut Buster was sold through Parade Magazine, which has a history of this kind of advertising. Spend just a few minutes each day with this gadget and you will bum stomach fat and flatten and trim your stomach, say the ads; better than sit-ups for strength­ening and toning your stomach muscles. The F;'C dis­agreed, and charged Richard and Luann Suarez with mak­ing "false and unsubstantiated claims." What's more, FfC said, the spring-tension contraption could break and in­jure the user. Suarezes' signed a consent agreement. 1

1994 Worst Product - Revlon Anti-cellulite. Widely advertised to "reduce cellulite," reduce the "skin's bumpy texture, ripples or slackness caused by cellulite," and help "dis­perse toxins and excess water from areas where cellulite appears," is Revlon's Ultima II ProCollagen Anti-cellu­lite body complex, winner of our 1994 Worst Product award. "Cellulite" is a quack term for ordinary fat, which cannot be spot-reduced. The false concept that it can, and is unique, is now being exploited by mainline cos­metics companies. Revlon and Charles Revson, Inc., re­cently agreed to settle FTC charges of unsub-stantiated claims.

Most outrageous - MarTrim. Who needs a weight loss plan when one tablet does it all? MarTrim, another herbal from "100% natural plant sources," is claimed to cause rapid weight loss and keep weight off permanently with no change in diet or exercise. Touted to alter digestion, block calorie absorption, block sugar absorption, neutral­ize calories, and shrink fat cells within hours, MarTrim holds out impressive losses of 87 pounds, and 30 pounds in 30 days. MarTrim Wilton Manor, Fla.

Worst claims - Dr. Clayton's Natural Program. Herbals like Dr. Clayton's Natural Program for Weight Control

HEALTHY WEIGHT JOURNAL

evade federal regulation for safety, effectiveness and quality by posing as foods - supposedly with no drug claims. An example of "food" no one wants to eat, Dr. Clayton's set of pills contains 13 herbal ingredients: Blood Cleanser to "detoxify the blood and tissues"; Herba-Clenz for "cleansing and healing the bowel"; and Weight Con­trol which "helps your body control its weight through improved metabolism, reduced appetite, etc." - illegal drug claims, all. L&H Vitamins, Long Island City, N.Y.

Worst gadget - Fleetwood Tables. Because promoters objected so strenuously to our 1993 awarding of Worst Product to a passive exercise table of the type now popu­lar in health clubs, spas and weight loss centers, we be­lieve the message bears repeating: All claims of weight loss, fat loss and inch loss for such tables are false.

Fleetwood Mfg, of Mesa, Ariz., and Thomas Fleetwood, owner, are the latest to sign a Federal Trade Commis­sion consent agreement to halt their false and unsubstan­tiated claims. Advertising nationwide, Fleetwood falsely claimed the tables help reduce body weight, lose inches, remove cellulite, tone and firm muscles, and provide the fitness benefits of rigorous exercise, according to FTC.

Continuous passive motion exercise tables do have le­gitimate uses in physical therapy.2

1993 Worst product - Slender You tables. These new passive exercise "state-of-art" mechanical tables which rhythmi­cally move one's body parts back and forth, are supposed to provide the benefits of actual exercise. Slender You says their tables will tone and firm muscles, remove "cel­lulite," reduce fat in specific locations, and provide ben­efits similar or superior to rigorous exercise. "Everyone

· loses inches ... 10 inches in 13 weeks ... Reduces excess fat on upper arms, midriff, waist. .. Pumps surplus oxy­gen into your system and rids body of fat-inducing acid waste ... Each 60 minute Slender You workout approxi­mates 7 hours of traditional exercise. . . No sweat. No strain!" Furthermore, there's profitability: "Most salons more than double their money in profit by the end of the first year." Slender You recently signed a consent order with FTC to halt these false claims.

Most outrageous - Synchronol infomercials. Synchronol's 30-minute television infomercials resemble an educational format with pseudo news and interviews. In one Synchronol script a "researcher" explains how seaweed removes fat: "Well, this diagram will help make it clear. These are cellulite cells with their trapped toxins. The hardened connective tissue won't let these nutrients get to the cells ... Seaweed is a key to success." FTC charged Synchronol with false claims in selling Anushka Body Contouring, Cellulite Gel, Firming Lotion, Multi-revital­izing Cream, and Cellulean tablets.

HEALTHY WEIGHT JOURNAL

Worst claims - Bodi-trim pills. Bodi-Trim, a new pill from Fat-Busters, tempts with its easy promises: "I guar­antee! Eat all you want. .. You can lose 70 pounds in 40 days or your money back!! Melts away 30, 60, or even 100 pounds. Discovered by a heart specialist. .. The most permanent way to lose weight and keep it off ... Simply take one tablet at breakfast." Thirty-day plan $19.95. Fat­Busters, Seffner, Fla.

Worst gadget - Acu-stop 2000 ear device. An acupunc­ture device to curb the appetite, Acu-Stop is a clear plas­tic, teardrop-shaped object that fits into the ear, similar to a hearing aid. Instructions are to insert it in the right ear with the "bumps" inside, and wear it 15 to 20 minutes six times a day or more "as necessary" to control hunger. The ads claim it will "control your hunger in a remark­able new way, without dieting, without exercise ... Lose 30 pounds in 30 days!" A tantalizing clincher adds, "If you lose too much weight, discontinue use immediately." $39.99. Acu-Stop 2000, Coral Springs, Fla.3

1992 Worst product - Bee Sweet Grapefruit Diet. Bee Sweet's bee pollen grapefruit pill tops the year's worst diet scams. It exploits the fallacy that bees, honey and bee-related products have mystical powers, a notion rooted in Greek mythology. Marketed to truck drivers via interstate truck stops, the pill combines pollen, grapefruit powder and glucomannan. The Food and Drug Administration says there is no evidence bee pollen gives any therapeutic benefit or that either grapefruit pills or glucomannan are safe or effective for weight loss. Allergic reactions are real hazards.

Most outrageous - Beneficial International Body Wrap. It is outrageous that in weight loss centers across the country women primarily are being wrapped toe to chin in plastic wrap to shrink their size. Promoters claim they will "lose 4 to 14 inches in one hour"; the catch being that 18 or more sites are totaled. Temporary squeezing may occur, but counselors insist the $40 weekly treat­ments give lasting results: body wrapping "mobilizes fat and cellulite and flushes it out of the body."

Worst claims - Primary Plan Tablets. This product wins "worst claim" for its shameless targeting of new mothers at a vulnerable time in their lives. Primary Plan claims, "This Revolutionary Weight-loss Tablet Plan Can En­able New Mothers to Quickly lose 20-75 pounds." It con­tains two ingredients banned by FDA for diet pills - leci­thin and caffeine from kola nut powder. Customers are led on to bogus nutritional analyses and useless supple­ments. The company uses the name National Institute of Weight Control to give itself credibility.

WEIGHT Loss QUACKERY AND FADS 27

Worst gadget - Slender-Mist Appetite Spray. Designed to be sprayed in the mouth just before temptation strikes, Life Way's Appetite Spray co-marketed by Spiegel cata­log company is a dainty, pencil-thin gadget that comes in four flavors. Caution: Chocolate spray may be a haz­ard for chocolate lovers - it's a fragrant reminder of the real thing. Ingredients arginine, lysine and phenylalanine are listed in the recent FDA ban.4

1991 Worst product - Cal-Ban 3000. Cal-Ban 3000 is off the market after a five-year roller-coaster operation of dodg­ing the law and cranking out slick sales pitches. In 1987 the U.S. Postal Service stopped their mail, but Cal-Ban promoters continued to sell through a toll-free number and UPS deliveries. Their aggressive marketing campaign gathered steam through the spring and early summer of 1990 as Cal-Ban· broke into drug store distribution sys­tems. Suddenly it was everywhere - in prominent dis­play cases in Wal-Mart stores, Osco Drugs and the cor­ner drug store, on late night television and in journalis­tic-looking newspaper ads with datelines of Finland and Sweden. Injury reports escalated: Florid~ authorities said they had over 50; FDA reported 17 cases of esophageal obstruction and one death as a result of surgery to re­move an obstruction in the throat. By the end of July it was over. Authorities closed out the $30 million Florida operation and asked merchants to remove Cal-Ban from their shelves.

Most outrageous - Cho Low Tea. Australian Peter Fos­ter proved that a nation-wide newspaper ad can pull one­quarter of a million dollars in only five days for a product that does not exist. Foster made his fortune in England but escaped to the United States in 1989 amid charges he bilked consumers of nearly $7 million in an oriental slim­ming tea scam. Despite his hard-sell claims for it, in the United States there never was any tea; he eventually showed police several cheap brands that he suggested could be blended to fill orders. Sentenced to four months in county jail, 900 hours of community service picking up trash on the Los Angeles freeway, and a fine of $228,000 for unpaid newspaper advertising, after Los Angeles and federal authorities moved quickly, Foster served time, but declined to pay the fine or pick up trash. Instead he fled to the Cayman Islands, where he reportedly has a large bank account.

Diet pills noteworthy for their advertising gimmicks. Dream Away advises, "Just take Dream Away before going to bed. You will wake up the next morning slimmer, trim­mer ... " The Fat Blocker can "flush calories right out of

28 WEIGHT Loss QUACKERY AND FADS

the body." Berry Trim indulges the coy ploy of signing direct mail copy, a mock full-page ad as if ripped from a newspaper, with a personalu.ed handwritten message: "Joanne, try it. It works! J."5

1990 Worst product - Fat Magnet. Charges have been filed against producers of this pill in Iowa, Missouri and Texas. Billed as the lazy way to lose weight, the Fat Magnet costs $35 for 180 pills. It is claimed to break into "thou­sands of particles, each acting like a tiny magnet, attract­ing and trapping many times its sire in undigested fat particles ... then, all the trapped fat and calories are natu­rally flushed out of your body." It is said to have been developed by "two prominent doctors at a world famous hospital in Los Angeles." Allied International Corpora­tion, Beverly Hills, Calif.

Most outrageous - Diet Patches. Calling it Snake-oil on a Band-Aid, consumer activists liken diet patches to "put­ting nothing on no place." FDA pulled the products of o~e company off the market and has destroyed $26 mil­lion in appetite patch kits. This patch is claimed to sup­press the appetite control center in the brain. A drop or two of herbal liquid is plar.ed on an adhesive bandage, which is then affixed to the wrist at an "acupuncture" point. Meditrend International, New Source, Inc., Nutri­tion for Life, Dynamic Technical, AmEuro Sciences, and others.

Worst claims - Ultimate Solution Diet (Lose weight, earn $1,000). This scam combines two American obsessions - making money and losing weight. The ads for the Ultimate Solution state: "We will pay you $1,000 to lose weight, if you help us test our new all natural, safe and effective diet program." Here's the catch: You buy $229 worth of diet aids, fill in a daily diary, and receive a U. S. Bond costing $130 to $180 according to reporter Kevin Keeshan, KGET-TV, Bakersfield, Calif.; if you keep the Bond long enough, it will mature to $1,000. Amerdream, Miami Beach, Fla.

Worst gadget - Jet Trim Cellulite nozzle. The Jet Trim Cellulite program sells 10 sessions to massage away a problem that doesn't exist. A nozzle device similar to a vacuum cleaner is touted to break up the cellulite and enable it to be sloughed off by the body. Since cellulite does not exist, the problem is mythical; cellulite is a quack term used to exploit the idea that lumpy fat deposits respond to special treatment. Jet Trim, Oklahoma City, Okla.6

HEALTHY WEIGHT JOURNAL

Nonprescription diet drug products banned

The following 111 ingredients are not generally recognized as safe and effective and are misbranded when present in nonprescription weight control drug products.

Alcohol Citric acid Hydrastis canadensis Pancreatin Thiamine hydro-Alfalfa Cnicus benedictus Inositol Pantothenic acid chloride Alginic acid Copper Iodine Papain vitamin B

1

Anise oil Copper gluconate Isoleucine Papaya enzymes Thiamine Arginine Com oil Juniper, potassium Pepsin mononitrate Ascorbic acid Com syrup extract Phenacetin vitamin B

1

Bearberry Com silk, potassium Karaya gum Phenylalanine mononitrate Biotin extract Kelp Phosphorus Threonine Bone marrow, red Cupric sulfate Lactose Phytolacca Tricalcium Buchu Cyanocobalamin Lecithin Pineapple enzymes phosphate Buchu, potassium vitamin B

12 Leucine Plantago seed Tryptophan

extract Cystine Liver concentrate Potassium citrate Tyrosine Caffeine Dextrose Lysine Pyridoxine hydrochlo- Uva ursi-potassium Caffeine citrate Docusate sodium Lysine hydrochloride ride vitamin B

6 extract

Calcium Ergocalciferol Magnesium Riboflavin Valine Calcium carbonate Ferric ammonium Magnesium oxide Rice polishings Vegetable Calcium caseinate citrate Malt Saccharin Vitamin A Calcium lactate Ferric pyrophoshate Maltodextrin Sea minerals Vitamin A acetate Calcium pantothe- Ferrous fumarate Manganese citrate Sesame seed Vitamin A

nate Ferrous gluconate Mannitol Sodium palmitate Carboxymethylcellu- Ferrous sulfate iron Methionine Sodium bicarbonate Vitamin E

lose sodium Flax seed Methyl cellulose Sodium caseinate Wheat germ Carrageen an Folic acid Mono- and di-glycer- Sodium chloride salt Xanthan gum Cholecalciferol Fructose ides Soybean protein Yeast Choline Guar gum Niacinamide Soy meal Chondrus Histidine Organic vegetables Sucrose

FDA banned these 111 diet pill ingredients in 1992, after a review of nearly 20 years. The ban does not include PPA (phenylpropanolamine) and benzocaine, which were listed as safe and effective by FDA in 1982, and are currently in most diet pills on grocery and drug store shelves. The FDA reopened its investigation of PPA and

benzocaine in 1991 and says it is reviewing information and complaints in regard to the safety, effectiveness and abuse of these two drugs.

HEALTHY Wrumrr J OURNAL O&H JAN/FEB 92 FEDl<RAL REGll'm', Aug 8, 1991, J6:1:JJ:J7792-J7797

FRANcEs (FRANCIE) M. BERG, M.S., is the founder, publisher and editor of Healthy Weight Journal, formerly Obesity & Health, an international review of current research, news and commentary on weight and eating issues, and the National Coordinator of the Task Force on Weight Loss Abuse for the National Council Against Health Fraud. A licensed nutritionist and family wellness specialist,

Berg is the author of eight books and an Adjunct Professor at the University of North Dakota School of Medicine.

HEALTHY WEIGHT JOURNAL WE IGHT Loss QUACKEKY AND FADS 29

How to report fraud If you've been scammed, or know someone who has, or you want to report a suspected fraud, the

first place to go is usually the consumer protection department in your own state attorney general's office. Some states have more active consumer agencies than others, but all need to be encouraged, and all need more consumer complaints. To make a stronger impact, repeat your complaints to federal agencies.

Contact the agencies below: - for help in getting reimbursement or redress for wrongs - to file complaints or report suspected fraud - to report injury (MedWatch for health providers) - to get information on products - to get information on how to proceed with a complaint

Your state consumer protection department. The state attorney general has authority under most state consumer protection statutes to investigate and prosecute unfair or deceptive acts and practices. Many have the power to seek consumer restitution, civil fines, and revocation of a company's authority to do business. Contact:

Your State Dept. of Consumer Protection Attorney General's Office State Capital

Federal Trade Commission. FfC regulates the advertis­ingandmarketingof foods, non-prescriptiondru~, medical devices and health care services. FfC can seek federal court injunctions to halt fraudulent claims and obtain redress for injured consumers. Contact:

Federal Trade Commission Correspondence Branch 6th & Pennsylvania Ave., NW Washington, DC 20580

Tel: 202-326-2222

Postal Service: The postal service has authority to prevent companies using the mails for fraudulent purposes. For products advertised or sent through the mails, contact:

U.S. Postal Inspector US Postal Inspection Service 475 L Enfant Plaz.a West SW Washington DC 20260-2175

Tel: 202-268-4272

Food and Drug Administration. FDA has jurisdiction over the content and labeling of foods, dru~, and medical devices. FDA can take law enforcement action to seire and prohibit the sale of products that are falsely labeled. Contact local, regional (US Dept. of Health and Human Services - FDA), or federal offices:

U.S. Food and Drug Administration Consumer Affairs & Information 5600 Fishers Lane, HFC-110 Rockville, MD 20852-9787

Tel: 1-800-552-4440 Fax: 301-443-9767

FDA home page: HTTP://www.FDA.gov

FDA MedWatch for health providers: MedWatch is a new FDA program aimed at speeding up and increasing adverse-event reporting of drug and product problems. A survey found 50 percent of doctors are not aware they should report adverse drug and medical device reactions to the FDA. Thus, it took four years for FDA to get the weight loss product Cal-Ban 3000 off the market, but less than four months to withdraw temafloxacin. Both resulted in adverse effects including death, but the difference was an effective reporting system for prescription dru~ compared with less emphasis on over-the-counter dru~. Consumers are urged to insist that health providers report their complaints.

FDA MedWatch 5600 Fishers Lane, HF-2, Rm 9-57 Rockville, MD 20857

Tel: 1-800-332-1088; 301-443-0117 Fax: 1-800-332-0178

References Chapter 1 1. BergF,Educatingagainstquack­

ery. Healthy Weight JournaV Obesity & Health 1990;4:9:66.

2. UP syndicate, 1985. 3. Berg F, False prophets. Healthy

Weight Journal/Obesity & Healthy 1988;2:2:6.

4. Newsweek June 26, 1995. 5. Nutrition Forum May/June

1995;12:3:35. 6. Health & Wellness Today Win­

ter 1994. 7. Berg F, Guidelines for Evaluat­

ing Commerical Weight Loss Promotions. Healthy Weight Journal/Obesity & Healthy 1988;2:2:6. Berg F, The facts about weight loss products and programs. Healthy Weight Journal/Obe­sity & Health 1992;6:5:91.

8. Berg F, The world of weight loss fraud. Healthy Weight JournaV Obesity & Health 1990;4:9:66.

9. Berg F, Weight Loss Fraud and Quackery. Healthy Weight Journal/Obesity & Health 1990;4:9:71. Berg F, Weight Loss Fraud and Quackery. Healthy Weight Journal/Obesity & Health 1990;4:9:71.

Chapter 2 1. Berg F, 'Cellulite' sells scams for

con artists. Healthy Weight Journal/Obesity & Health 1993;7:2:32-33.

2. Rosencrans K, Researchers claim key to thinner thighs. Healthy Weight Journal/Obe­sity & Health 1994:8:3:53,54.

3. Tufts University Diet & Nutri­tion Letter Feb 1994;3-6.

4. Los Angeles, AP, 7-11-88; Nu­trition Forum 5;5:88; NCAHF Newsletter, 11;3:88. FDA Consumer Sept 89:39-40. Berg F, Appetite patch scheme foiled, $26 million in kits de­stroyed. Healthy Weight Jour­nal/Obesity & Health 1989;3:12:8. Berg F, Combined forres work to rid marketplace of fraud. Healthy Weight JournaVObe­sity & Health 1990;4:9:70. Berg F, Fraud front. Healthy Weight Journal/Obesity & Health/International Newsletter Obesity 1988;2:10:6.

5. Berg F, Appetite spray teases tastebuds. Healthy Weight Jour­nal/Obesity & Health 1991;5:3:49.

6. Berg F, Phoenix Fiber Cookie

HEALTHY WEIGHT JOURNAL

crumbles under FDA scrutiny. Healthy Weight Journal/Obe­sity & Health 1990;4:9:8.

7. Nutrition Labeling Watch, 12, 1995. Food Chemical News, Jun 1995.

8. Iowa Dept. Public Health News Release 5/11/1995.

9. FDA Consumer, June 1995. Berg F, Healthy Weight Jour­nal. Mushroom tea alert. 1995;9:5:93, 99

Chapter 3 1. Berg F, False claims for passive

exercise exposed by FTC. Healthy Weight Journal/Obe­sity & Health 1992;6:3:52,57.

2. Berg F, Fraud front. Healthy Weight Journal/Obesity & Health/International Obesity Newsletter 1988;2:11:6.

3. FDA Consumer Jun 1988,22:5:2.

4. O&H May/Jun 1992:52. . 5. Mayo Clinic Nutrition Letter

1989;2:7. 6. Berg F, Passive exercise: no

sweat. Healthy Weight JournaV Obesity & Health 1990;4:5:12.

7. Berg F, 'Cellulite' sells scams for con artists. Healthy Weight Journal/Obesity & Health 1993;7:2:32-33.

8. Berg F, Museum of Question­able Medical Devices opens. Healthy Weight Journal/Obe­sity & Health 1989;3:9:8.

9. McCoy R, Museum of Ques­tionable Medical Devices, 43 Main Street SE, Minneapolis, MN 55414 612-379-4046.

Chapter 4 1. Berg F, Herbals - a hoax?

Healthy Weight Journal/Obe­sity & Health 1993;7:5:95.

2. Berg F, Herbal 'foods' promise healing, may cause injury in­stead. Healthy Weight JournaV Obesity & Health 1993;7:6:113-116.

3. Health Center for Better Liv­ing, 6189 Taylor Rd., Naples FL 33942 813-566-2611 .

4. Indiana Botanic Gardens, Box 5, Hammond IN 46325.

5. MarTrim, Dept Al 1,881 NE 26 Street, #216; Wilton Manors, FL 33305.

6. L&H Vitamins, 37-10 Crescent St., Long Island Qty, NY 11101 orders 1-800-221-1152; cus­tomer service 1-800-544-2598.

7. Berg F, 'Cellulite' sells scams for con artists. Healthy Weight Journal/Obesity & Health 1993;7:2:32-33.

8. Healthy Weight Journal/Obe­sity & Health Mar/Apr 1992:31.

9. Berg F. Bee pollen "cures"

truckers of obesity, tumors, ra­diation. Healthy Wweight Jour­nal/Obesity & Health 1991;5:2:30.

10. FDA talk paper, Mar 11, 1985. 11. FDA Consumer, Feb 1984; Apr

1984;21-22. 12. High Desert Honeybee Pollen

brochure. 13. Medical Journal of Australia;

AP March 23, 1994. 14. Barrett S, Be wary of "calorie­

blockers. 1990;4:?:69. 15. FDA Fraud Alert, Fall 1989;

Berg F., Blocking the Fat blocker. Healthy Weight Jour­nal/Obesity & Health 1990 4;4:8.

16. Berg F, The fiber pill craze. Healthy Weight Journal/Obe­sity & Health 1987;?:8:8.*

17. Berg F, FTC Charges Fibre Trim With False Advertising. Healthy Weight Journal/Obe­sity & Health 1990;4:10:80.

18. Berg F, The ephedrine connec­tion: Why people are dying. Healthy Weight Journal 1995;9:4:76.

19. Rosencrans K, Diet pills sus­pected in deaths. Healthy Weight Journal 1994;8:4:68.

20. Health Risks of Weight Loss 1995;34.

21. FDA Consumer, May 1995:3. 22. Mini Thin, Body Dynamics

Pharmaceuticals, Box 78610, In­dianapolis, IN 46278 1-800-428-2352.

23. Berg F, Chromium Picolinate: Scam of the hour? Healthy Weight Journal/Obesity & Health 1993;7:3:54.

24. Int J Sport Nutrition June 1994;142-153.

25. Berg F, Chromium picolinate -still hot on the market. Healthy Weight Journal 1994;8:4:73-74.

26. International Journal of Sport Nutrition 1992;2:111-122.

27. Fridh E & J , Health, Weight, Wealth Company, Box 954, Georgetown, TX 78627, 512-869-159.

28. Chrom Pico Plus, Home Health, 1160 Millers Lane, Virginia Beach, VA 23451 1-800-284-9123.

29. Kyo-Chrome, International Academy Health and Fitness, Distributor, Dennis M. Blank, Box 208, Williston, ND 58801. Healthy Weight Journal/Obe­sity & Health Nov/Dec 1992;6:6:110.

30. Body Gold, 5930 La Jolla Hermosa, La Jolla, CA 92037.

31. Tri-Chromolene,Achievers Un­limited, Inc., 777 S Hagler Dr., 8th F1oor, West Tower, West Palm Beach, FL 33401 407-

820-9478.

Chapters 1. Reader's Guide to Alternative

Health Methods, 1993, AMA 2. Tufts Diet & Nutrition Letter

Jun 1992;4. 3. J Dermatologic Surgery/Oncol­

ogy, March 1978. 4. L&H Vitamins, 37-10 Crescent

St., Long Island Qty, NY 11101 orders 1-800-221-1152; cus­tomer service 1-800-544-2598.

5. L&H Vitamins, 37-10 Crescent St., Long Island Qty, NY 11101 orders 1-800-221-1152; cus­tomer service 1-800-544-2598.

6. Faja Fantastica - Berg F, FTC cracks down on false advertis­ing. Healthy Weight Journal/ Obesity & Health 1992;6:4:73,76.

7. Berg F, No-Fault System faulted for false medical claims. Healthy Weight Journal/Obe­sity & Health 1991;5:5:82.

8. Benda-Moe B, 'Primary Plan' targets new mothers. Healthy Weight Journal/Obesity & Health 1991;5:6:99,102.

9. Berg F, Weight loss franchises to increase. Healthy Weight Journal/Obesity & Health 1991;5:4:64-6S.

10. Berg F; Lose weight, earn $1,000. Healthy Weight Jour­nal/Obesity & Health 1989; 3:4:32.

11. NCAHF Newsletter, Nov/Dec 1988.

12. O&H Feb 1990:16. 13. Nutrition Forum Nov/Dec

1989;6:6:46-47. Berg F, Chinese slimming tea scam is crushed in legal drama Healthy Weight Journal/Obe­sity & Health 1990;4:2:8.

14. Berg F, Herbalife -wealthy life. Healthy Weight Journal/Obe­sity & Health 1994;8:2:35-36.

15. Herbalife, Box 92459, Los An­geles, CA 90009 310-410-9600; 1-800-743-S60S ext 6013.

16. Berg F, Infomercials abuse pub­lic airways. Healthy Weight Journal/Obesity & Health 1992;6:2:32-32.

17. Healthy Weight Journal/Obe­sity & Health 2:10:6.

18. Gorayeb Seminars, 101 Roundhill Drive, Rockaway, NJ 07866, 1-800-786-7123. Berg F, Feds act against mix of scams. Healthy Weight Journal 1994;8:S:94. FTC News Notes 1994;94:7:1. Berg F, Can you lose weight with hypnosis? Healthy Weight Journal 1995;9:2:33.

WEIGHT Loss QUACKERY AND FADS 31

Index of products

A Activated Fiber Tablets, 24 Acu-Stop 2000, 11, 27 Amerdream, 21-22 AnuskaBio-Response Body C.ontour-

ing Program, 27 Appetoff Diet Patch, 8

B B-6, 13 Bee pollen, 14-15 Bee Sweet, 15-16; Grapefruit Diet,

13-15, 27 Beneficial International Body Wrap,

27 Berry Trim, 28; Bio-Response Body

C.ontouring Gel, Firming Lo­tion, and Multi-Revitalizing Cream/ Celulean, 24

Blood Qeanser, 19 Body Expose, 7 Body Trim, 27 Body Trimmer, 10 Bromelain, 13

C CalBan 3000, 14-15, 28 Cell-U-Loss Body Toner, 11, 14-15,

23 Cellular Nutrition Health and Weight

Management System, 24 Cellulite Relief System, 7 Cellulite Very Intensive Beauty Treat-

ment, 7 Cellulite, 18-19 Chinese Ma Huang, 16, 23, 26 Cho Low Tea, 3, 22, 28 Chrom Pico Plus, 19 Chromium pic:olinate, 16-18, 26

Nutrition 21, 26, 16-17 Qinical Therapeutics, 8 C.ontiniuous Passive Motion Tables,

10

D Delta Enhanced Formula Pills, 9

Delta Fabulous Fiber C.ookie, 9 Dessert Diet Wafers, 21 Diet Disk Program, 14 Diet Patches, 28 Diet Systems 2001, 13 Dr. Oayton's Natural Program for

Weight C.ontrol, 19, 27 Dream Away, 28 Dream Cream, 7 Durable Minceur, 7

E Earl Mindell's Herb Bible, 17 Eat-Less Diet Lozenge, 21 Eliminator, 20 Ephedrine, 16, 25 Eurotrym Diet Patches, 8, 23

F Faja Fantastica , 7 Fat blockers, 15, 26 Fat Magnet, 28 Fennel, 13 Fiber Full , 15 Fibre Rich, 15 Fibre Trim, 15 Figure-Tron, 12 F1eetwood Tables, 27 Formula 1, 2, and 3, 24 Formula One, 16, 25

G Gorayeb Learning Systems, 24 Gorayeb R B, Hypnotherapist, 24 ,

25-26 Grapefruit Diet Plan, 13 Gut Buster, 11, 26

H HCG,6 Herba-Qenz, 19 Herbal Teas, 9 Herbal Cellulite Cream, Tablets, 13-

14 Herbalife International, 14, 22-23 Herbalife Slim and Trim, 23

Herbalife Thermojetics, 23 HGH,20 Hypnosis, 24, 25

I Inches Aweigh, 12, 1-9-20

J Jet Trim, 11, 18-19 Jet Trim Cellulite Program, 11, 28

K Kelp, 13 Kombucha Mushroom Tea, 9, 25

L L & H Vitamins, 20, 26 Laci Le Beau Super Dieter's Tea, 9 Lecithin, 13 Life Way's Slender-Mist, 8 Lifestyles C.ookies, 9 Lifestyles Diet Products, 9

M Manchurian Mushroom Tea, 9, 25 Magnetic Belt, 12 MarTrim , 13, 26 Maxilite Fat Blocker, 15 Mini Thin, 18, 25 Mushroom Tea, 9, 25

N Nemectron, 12 Nettle Herb, 13 Night-Trim Diet Tablet, 21 Ninzu Ear Clips, 26 No-Fault System, 20 Nu-Day Diet Program, Herbulk, and

Meal Replacement Formula, 23-24

Nutri/System, 8 Nutralizer GH, 3 Nutrition 21, 20-21

0 Ozonator, 12

p Passive exercise table, 10-11, 26 Phoenix Capsules, Fiber C.ookie,

Fizzie, Nutritious Beverage, Vitamins,9

Primary Plan, 20, 27

R Relaxarisor, 12 Revlon's Ultima II ProC.ollagen Anti-

Cellulite, 7, 26 Royal Jelly, 14

s Sambu Internal Oeansing Program,

19 Seawrack, 13 Select Senna Leaf Tea, 9 Slender You, 11, 27 Slender Mist Appetite Spray, 28 Slimnonics Electro Body Toner, 12 Smooth C.ontours, 8, 26 Spanish Telemarketing, 7 Starch blockers, 15 Sugar blockers, 15 Synchrona)Anuska,14,27

T \ 24-Hour Diet Tea, 9 Thermojetics, 23, 25 Thermojetics Body Toning Cream, 8 Thinz Grapefruit & Fiber, 15 Total C.ontrol, 10 Trim-Maxx,9

u Ultimate Solution Diet Program, 21,

28 Ultra Slim Tea, 9 Understanding Nutrition, 18-19

V Vision-Dieter, 12

w Weight C.ontrol, 20-21

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What's wrong with fraud? Weight loss fraud causes many injuries and d~aths every year. _It foste~s ~u.ltis~,

fear and distrust; it destroys, deceives and mampulates. Con artists specializing ID

weight loss fraud target and exploit the most vulnerable among us. Unfortunately, there's a great deal of complacency about fraud. Many health pro­

fessionals shrug it off as not their concern. Consumers seldom complain. Regulatory agencies plead budget constraints. But we can no longer afford to be complacent about the current upsurge in fraud and quackery in the health field.

Weight loss fraud is harmful in these five ways:

1. Increases health risk. Weight loss fraud, quackery and fads cause many injuries, severe reactions and deaths each year in the U.S. Misplaced belief in quackery also prevents people from seeking adequate medical care.

2. Increases financial stress. Americans pay out an estimated $10 to $40 billion annually in . weight loss fraud alone.

3. Increases emotional costs. Repeated attempts to lose weight, followed by the inevitable regain, bring a sense of failure, shame and powerlessness to the customer. It batters the self-esteem and can be psychologically damaging.

4. Promotes paranoia. Quackery plays on health fears, fosters delusion, cultism, fanaticism, paranoia, extremism, alienation, pseudoscience and distrust of the medical community. It corrupts truth and reason.

5. Interferes with responsible programs. With their magical solutions and outra­geous promises, con artists undermine responsible weight management and wellness programs, and make them seem ineffective by comparison.

What can you do? You can help bring about change by combatting fraud and falsehood with truth.

It does matter that children, teens and adults develop healthy attitudes and learn to eat, move and live in healthy ways. We urge you to confront health fraud wherever you find it, and to help your family, friends, associates, patients and clients under­stand the vast difference between science and pseudoscience. You can make a difference in reducing fraud by exposing worthless diet and food supplement prod­ucts, reporting scams, registering complaints, and urging action by appropriate agencies.

(i Exceptional ... Weight Loss Quackery and Fads provides guidelines for spotting weight Joss fraud and

quackery, describes the modus operandi of weight loss quacks . .. insight on categories of products . .. ~

NATIONAL COUNCIL AGAINST HEALTH FRAUD

ISBN: 0-918532-60-4