Diet Dilemma Summary

As I have researched the draw of the "miracle diet", my intentions were to focus on what draws people into believing the sometimes insane advertisements and sales pitches promising five pounds a week or more of weight loss, lose weight with no exercise, eat all your favorite foods and still lose weight, drink this powder or take these drops.  As I researched I found an article claiming that there have been cases of prescription drugs found in some of these diet products.  This discovery led me to the safety of the products and further to question how the  manufacturers and products are monitored.  I have found there are regulations in place for the safe manufacturing of these products. At the same time,  I  found that the safety  and testing is left up to the manufacturer. In fact, from what I have found, there is little intervention from the regulating agencies unless there is dire consequences from use of the product (people becoming sick or worse).  

My original question was, "Why is it people find the miracle diet so believable?" I was also questioning "How does celebrity influence and advertising schemes contribute to the sales and believability of these products?"  I did not find answers to these original questions.  I found more questions that are to me far more important.  I would like to explore further on the safety of these products as well as integrating my original questions into the safety of these products.

I now find myself wondering why these products are not monitored and tested by the FDA before being allowed onto the market for consumer use.  There is more than one governmental agency or division of those agencies that have consumer protection regulations and laws in place.  Why does it seem the left hand doesn't know what the right hand is doing?  It seems that the agencies are going around expecting another agency to do what is necessary to stop the fraudulent advertising, to ensure the safe manufacturing, accurate product labeling, as well as expanding consumer knowledge of these products.

Consumer Safety

My concern regarding the safety issues and false advertising led me to research further on consumer protection laws. I began my research on Google which led me to consumer law.com, leading me further to The Bureau of Consumer Protection, a division of the FTC.  

The information I found in both sources is that false and/or misleading advertising to persuade consumers into buying a product through false or misleading statements is in fact illegal.  There are regulations in place to prevent the false advertising of products - miracle diets included.  Consumers have the right to receive accurate information so they can make informed decisions.

The practice of deceiving consumers by these misleading ads is alive and well.  I realize there are laws and regulations to prevent the misleading of the consumer; however, the misleading of consumers' is an on-going problem.  I have watched the videos and ads for these diets and I can see where they are misleading. I have purchased these products.  There is a loophole in product labeling so to speak, in that as long as they include the disclaimer somewhere in little bitty type stating that the product is not intended for... or, may have harmful side effects...or, results may vary... This seems to appease the FDA and/or the FTC because these products are out there and many are dangerous.

I am lead to believe that there are too many branches of "protection" involved in the regulation of these goods to actually protect us as consumers.

~Why isn't there one agency specified for miracle diet safety, truth in advertising and manufacturing?

FDA Put in Place to Protect??

While on my research journey to discover the lure of the "miracle diet", I have actually discovered that not only does this diet not exist, but these diets on the  market are potentially very dangerous and unhealthy.  I have also discovered that there is limited regulation of these diets or their marketing.  Since my last blog I have decided that I need more information on the marketing regulations, as well as the possible dangerous ingredients in some of these miracle diet plans.  I began my search for further answers on the FDA web site where I found a "Questions and Answers section about FDA’s Initiative against Contaminated Weight Loss Products."  In this Q & A section of the FDA website, I found claims that the FDA is not responsible for ensuring the safety of the products.  The safety testing and accurate labeling of these products is left to the manufacturer.  I discovered that the FDA has found prescription drugs in some of the miracle diets on the market.  Surprisingly, the FDA has at times asked for a recall of the products or sent the companies warning letters.  In other words, no real consequences and very little public awareness. I found that many times ingredients are not even listed on the labels, nor are the manufacturers.  

There is a department within the FDA called the Center for Drug Evaluation and Research.  The CDER is supposed to regulate over-the-counter and prescription drugs, including biological therapeutics and generic drugs. This covers more than just medicines. For example, fluoride toothpaste, antiperspirants, dandruff shampoos and sunscreens are all considered "drugs".
  

~ I have to question why is there still such loose regulation when there is a division of the FDA designed to regulate these miracle diets, (along with shampoo, sunscreen etc.)?
~Why does the FDA allow the manufacturers to label and market these products based simply on the manufacturers’ word?  
~ Why does the FTC allow the false advertising of these products?  Aren’t these government agencies put in place to protect consumers from fraud and harmful products? 
  

Regulations of Miracle Diets

While on my quest to find why the does Federal trade commission not monitor the warning labels and advertising of these miracle diets, I was amazed to discover that the Federal Trade Commission has sued some of these companies for misleading advertising on more than one occasion.   I found it amazing that while the Federal Trade Commission does regulate and charge companies, as well name individuals endorsing the products in the law suits they are just too busy to actively pursue or stay on top of this billion dollar a year industry.  The cases that I looked at on the Federal trade commission website are not recent they date to 1997 to 2004 and  the amounts these billion dollar industries are being sued for or required to pay out is minimal 2, 3, 4 million dollars, compared to the billions of dollars in profit these companies are raking in.  According to an electronic news and information service editorial the Star Tribune, we (being those who use these products) are the test dummies since the FDA must first prove a product is harmful before they take action so with every purchase or pill ingested that furthers their “research”.   There is an obvious need for tighter advertising and sales regulation; however one must wonder why the FDA and the FTC is not tighter on these regulations.  Is it because they generate such massive amounts of revenue into the economy?  As the editorial brought to light, “congress has a lot on its plate right now: the recession, swine flu, health care reform”.  I am lead to believe that while we are in a recession why would the government intervene too strongly against these money makers?  The FTC has put out a system of 7 warning signs for such diets.   It seems that the FDA is depending too heavily on the FTC to regulate the labels, which have loose guidelines at best.

Why, why, why are we as consumers standing for such loose regulation of these products?

Ad Contradicting Article on Same Page

While I was attempting to find sources that have something to say about miracle diets without getting bombarded with advertisements for these very diets,   I checked with naturalnews.com and found an interesting article for fad diets and their negative effects.  An interesting thing was that on the very same page was an advertisement for medifast1 promoting “fast, effective and safe” weight loss of 2-5 lbs. per week. I found this very ironic and decided to check the advertisement content. I found that both sources strongly encourage healthy eating, and exercise as key to effective weight loss.  There is information available for the proper eating guidelines. However, the diet advertisement was, of course, geared toward selling their product.  This diet, while stressing healthy eating and even giving lists of foods and meal plans, included supplements and food products manufactured by their company.  

Debbie Bolen, the author of “Fad Diets can be Ineffective and Dangerous” as found at naturalnews.com, is detailed in her observations of our society wanting the quick fixes and medifast 1 is claiming to be that very quick fix.  As Bolen states there is limited or no regulation of the diet supplement industry and Americans are being duped by this industry. Without realizing it medifast1 confirms this very statement, even going on to state that if  the diet is ineffective it is due to consumer error or misuse.
I found that while author Bolen’s article warns against the dangers and scams of the quick fix society revolving around diets, she offers no direction to positive dieting. On the other hand, the advertisement for medifast1 is appealing to the reader’s hopes, dreams and desires of a healthy miracle diet.                    

~I now find myself wondering why the guidelines and warnings not more clearly regulated? 

~Why are these companies allowed to perform such sketchy advertising?
~Why have we turned into such a quick fix gullible society?
~What is it about these advertisements and diets that cause us to set aside our better judgments?
~Why is it not required of the supplement companies to state the possible health risks? 

I find it amazing that while a cup of hot coffee purchased at McDonald's or 7-11 has the warning on the cup “CAUTION HOT”, there seems to be less regulation or enforcement on these supplements.