Even magicians know there’s really no such thing as “magic.” It’s all skill and talent in misdirection and sleight of hand presented with well-timed dramatic flair. But as an audience, believing in it won’t harm anyone.

Responsible, ethical, research-focused dietary supplement manufacturers and marketers also know there’s no such thing as a magic pill that will, without any other effort, transform an obese person into a slim and toned model. And yet, there are some weight-loss supplement marketers out there who have tried to peddle magic. The public seems to be getting confused and angry, wondering if the money they spend on weight loss supplements is going up in a puff of smoke.

Results of a 2011 Federal Trade Commission (FTC) consumer survey showed that more consumers identified themselves as victims of fraudulent weight loss products than any other product type mentioned in the survey. This fact was stated by FTC associate director Mary Koelbel Engle during a U.S. Senate hearing about consumer protection in June, which focused on weight loss products and included testimony from TV’s popular medical guru Mehmet Oz, MD.

At specific issue was a company that saw instant sales after viewing Dr. Oz on one of his 2012 shows gushing that green coffee bean extract is a “magic weight loss cure for every body type.” Soon thereafter, the Florida-based company launched Pure Green Coffee, claiming the product’s active ingredient, chlorogenic acid, could help consumers drop 17 pounds and decrease body fat by 16% in only 22 weeks. To add insult to Dr. Oz’s injury, this company, without permission, used the tape footage of Dr. Oz’s over-the-top description. The FTC sued the company.

To add further insult not only to Dr. Oz, but potentially to responsible dietary supplement ingredient suppliers and their brand marketing partners as well, Senator Claire McCaskill (D-MO), chair of the Senate Subcommittee on Consumer Protection, stated that while she understood Dr. Oz’s intentions for his show are benevolent, “I don’t get why you need to say this stuff because you know it’s not true.”

The phrase “it’s not true” has in some cases been unjustly over-interpreted by many to deduce that all dietary supplements are ineffective and their messages untruthful.

Assessing Industry Impact
According to Steve Mister, president and CEO of the Council for Responsible Nutrition (CRN), Washington, D.C., not only is the FTC more invested in scrutinizing this product category, but Congress, despite other significant woes, is keeping a keen eye on it as well. It’s a serious scenario, one which Mr. Mister asserted demands industry attention. “If we want to maintain legitimacy as an industry, we need to follow the laws and regulations, and support increased enforcement actions against those companies that are not doing so. The recent Senate hearing should serve as a wakeup call to companies that are exaggerating weight loss product claims, and engaging in deceptive advertising practices that prey on those consumers who are desperate to lose weight.”

If it were not for the glaring spotlight on America’s favorite TV doctor (who also recently launched an eponymous consumer healthy lifestyle publication), the Senate subcommittee’s hearing may have just passed quietly on C-SPAN.

Greg Miller, PhD, executive vice president of the National Dairy Council, doesn’t necessarily see a direct impact on the industry from the sensationalized hearings, but instead sees a more incisive impact against Dr. Oz’s credibility as a health expert.

“Health and weight-loss bloggers have picked up on his quotes from the hearing that diet and exercise were primary drivers of weight loss and used them to say ‘Hey, we were right all along,’” he said. “For example, the diet message boards at SparkPeople started threads like ‘FINALLY! Snakeoil salesman Dr. Oz called out’ and ‘Dr. Oz in trouble with Congress.‘ They weren’t convinced by Oz’s testimony that his likeness and words were used to sell products without his approval, or that he felt it would be wrong to not talk about supplements and weight loss.”

However, Dr. Oz has long been associated with the promotion of natural ingredients and dietary supplements for health. His more recent characterization as a snake oil peddler creates a powerful correlation in the minds of many consumers, who may need to be convinced once again that ingredients and formulas are safe and efficacious as part of a healthy, long-term weight management program. 

Anurag Pande PhD, vice president of scientific affairs, Sabinsa Corp., East Windsor, NJ, opined, “While we cannot ignore the fact that Dr. Oz with his TV show has a strong following among the average consumers of health products, we also believe that science needs to be communicated to the consumers in a responsible manner with balanced views. Unfortunately, in the case of Dr. Oz, the Senate subcommittee hearing rightly took him to task for crossing the line between delivering the science, which is his stated objective, and the actuality of his creating overblown hype, which then became a tool for scam artists to use false and deceptive marketing.”

The Senate hearing also illustrated the need for science to be communicated in an uncomplicated, responsible manner, he added. Since the hearing created such a loud buzz in the industry that is still reverberating, “we hope that the ‘lose weight while you sleep, and eat whatever you like’ claims will be a thing of the past.”

Melony Fuller, director of marketing, National Enzyme Company, Forsyth, MO, said this hearing created has both a positive and negative effect. To the industry’s credit, she noted, it incentivized responsible and reputable marketers to continue to market products ethically.

“But on the flip side,” she added, “there’s increased consumer skepticism, fueled by many bad players who make no attempt to create reputable, proven products, making it increasingly difficult for consumers to make educated buying decisions, because of difficulties in identifying those in the industry acting without responsibility.”

Dr. Oz has promoted natural ingredients that simply do not have a good amount of research behind them, said Bob Green, president, Advantra Z, West Caldwell, NJ. “The flavor of the month makes for good television, but not necessarily effective weight management,” he noted, adding that Dr. Oz elicited a collective industry wince when he gushed that a raw material was a “miracle” weight loss ingredient. “Because here we have a respected member of the medical community who has a daily platform for reaching millions of people, and he’s making grandiose, scientifically unsupported claims.”

Lynda Doyle, vice president of global marketing, OmniActive Health Technologies, Morristown, NJ, said the nature of this Senate hearing is high-profile and far-reaching, and so are the effects, which send a clear message: “The U.S. government and its agencies are going to carefully monitor companies that are making unfounded and irresponsible claims with little to no scientific merit.”

Although some might see this hearing as a setback, Ms. Doyle is optimistic, believing that “the long-term effects will prove to be a victory for our industry because we are becoming further removed from the reputation of being unregulated that has plagued us in years past. This hearing and ones like it will validate ingredient and supplement manufacturers who continue to provide reliable products with transparent marketing backed by strong supporting science.”

The Senate’s staunch position is “both correct and necessary,” according to Dr. Paul Clayton, chief scientific advisor, Gencor Pacific, Irvine, CA. “Any reputable manufacturer of raw materials or finished products in this sector should welcome a raising of the bar, which would improve standards overall, facilitate the shift toward evidence-based nutrition and help push opportunistic, hype-based operators out of business.”

The Consumer Effect
CRN’s Mr. Mister pointed out in his testimony during the hearing that there are indeed legitimate weight loss/management supplements on the market that are being marketed ethically and responsibly. The message is clear and inarguable: “We want consumers to know that there are supplement products that can help in weight loss and weight management; however, there are no magic bullets. Weight loss is most safely achieved in combination with sensible eating and moderate exercise, meeting goals gradually over time.” 

In order to increase long-term consumer trust in the weight loss/management supplement marketplace, Mr. Mister said the industry must find ways to separate legitimate marketers and products from those that are predatory and unscrupulous. “In addition to abiding by the regulations, companies should raise the bar through stronger self-regulatory practices,” he said. For example, CRN supports an initiative with the Council of Better Business Bureaus’ National Advertising Division (NAD) to help self-police advertising claims for dietary supplements.

For nearly 15 years, Mitch Skop, senior director, Pharmachem Laboratories, Inc., Kearny, NJ, has been spearheading sales and marketing for Phase 2 Carb Controller, the manufacturer’s signature ingredient; at times like these, he has been frustrated and like Mr. Mister, strongly encouraged industry to remain self-policing for the benefit of the consumer who still relies on supplement products.

Addressing consumer reaction to Dr. Oz’s concession that he has gone overboard with hype about weight loss ingredients, Mr. Skop said, “Many consumers will once again shake their heads and wonder why anyone would take dietary supplements in the first place. Others will see it as just another media debacle to put down dietary supplements. The impact, for sure, isn’t a positive one.”

Mr. Green of Advantra Z said he hopes consumers will begin to acknowledge that while Dr. Oz is a physician, he is also a television personality who is trying to fill five hours of programming every week. “I hope consumers will take his proclamations with a grain of salt, do their own research, and seek out the facts. That’s why we post all pertinent research on Advantra Z and bitter orange (its source ingredient) on our website. Consumers need to access the facts in order to make proper decisions about weight management ingredients and supplements.”

Bruce Abedon, PhD, director of scientific affairs, NutraGenesis LLC, Brattleboro, VT, agreed. “Perhaps this will convince consumers to do more homework to search out effective supplement products to meet their dietary needs.”

Although Sabinsa’s Dr. Pande said it is still too early to evaluate the effect on consumers’ buying patterns, this could open some of their eyes to differentiate fact from fiction. Although there will always be consumers seeking a magic pill, he noted, some “may be looking for a more balanced view of the science on a product rather than inclined to believe all the ‘miracle’ and ‘wow’ hype. Unfortunately, the related media coverage painted the entire category with the same brush, and may well have undermined consumer confidence.”

Companies making unrealistic weight loss claims that cannot be substantiated have been plaguing the industry for years and perhaps with stronger, more dedicated self-policing combined with more devastating repercussions, the infestation will die off dramatically, although there will likely always be some bad actors coming and going.

Matthew Phillips, chief commercial officer, Nutegrity, Irvine, CA, said he wants marketers to remind consumers “weight management supplements are formulated to help support a lifestyle of healthy eating and activity—not replace them. Many weight management ingredients do work and provide consumers with assistance in reaching their weight loss goals. However, overstating the product benefits only puts everyone in the category at risk of increased scrutiny.”

Language and design are critical, he added. Your formula may contain the science-supported ingredients from ethical suppliers, but if you overpromise, you will under-deliver, and risk losing credibility with consumers.