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The materials contained on this web site are for informational purposes only. The
information should not be considered legal advice and is not intended to create an attorney-client relationship. This web site contains general
information and is not a substitute for legal advice from a qualified attorney
licensed in the appropriate jurisdiction.
Sometimes our Distributors ask us why we do not make the kind of aggressive weight loss claims for Slim Caps that are often seen on TV. You’ve seen those ads…someone claims Product X caused him to lose a huge amount of weight in just a few weeks without exercise or sacrificing his favorite foods. Some Distributors think Sunrider should make these kinds of claims in order to remain competitive. What most people don’t realize is that the majority of these types of claims are illegal because they are scientifically unsound, false and misleading. Just because some unscrupulous companies make these claims does not mean Sunrider or our Distributors and Preferred Customers need to do so. Our products speak for themselves. We do not need to exaggerate our success stories. Moreover, making false or misleading claims can bring on a whole lot of legal and financial trouble.
For example, the Federal Trade Commission (FTC) recently launched a nationwide law enforcement sweep targeting bogus weight-loss claims entitled “Operation Big Fat Lie.” The FTC is the federal government agency with authority over advertising and one of its current missions is to help consumers spot weight-loss claims that are false and misleading. The FTC not only has the power to secure refunds for the consumers who have been taken in by bogus ads, it can and has filed lawsuits against advertisers who make these bogus weight-loss claims. For instance, in 2003, one prominent company was ordered to pay $12,000,000 (12 million) to settle charges regarding a cellulite treatment product.
In an effort to help consumers recognize false or misleading advertising, the FTC has identified 7 weight loss claims made for various products including dietary supplements that are scientifically unsound:
- Causes weight loss of 2 pounds or more a week for a month or more without dieting or exercise.
- Causes substantial weight loss, no matter what or how much the consumer eats.
- Causes permanent weight loss even when the consumer stops using the product.
- Blocks the absorption of fat or calories to enable consumers to lose substantial weight.
- Safely enables consumers to lose more than 3 pounds per week for more than 4 weeks.
- Causes substantial weight loss for all users.
- Causes substantial weight loss by wearing it on the body or rubbing it into the skin.
On November 4, 2004, the FTC sued 7 companies throughout the US for making bogus claims as described above. Each of the defendants could be liable for substantial damages and even stand to lose their business by the time fines and refunds are assessed. The Commission has also filed lawsuits against seven other companies since April 2004, for making similar unsubstantiated claims. It is interesting to note that the ads in question appeared in nationally-known publications such as Cosmopolitan; Dallas Morning News; TeleRevista Magazine; and the San Francisco Chronicle.
At Sunrider we think it is important that everyone who sells our products understand that it is vital to tell the truth and not exaggerate the results achieved by you or your downline. It is not only the big companies that are targets of the FTC. The Commission is also going after the advertisers themselves. This could include an individual distributor if the distributor makes false and unsubstantiated claims. The FTC is well known for surfing the web looking for advertisers making outrageous claims. That is why Sunrider encourages everyone to stick with the claims made in Sunrider’s various marketing materials. We understand that many of you have experienced phenomenal success with our weight loss products as well as our other fine Sunrider products and that you want to share your success with others. However, no one should make the type of claims described above.
If you are advertising on a website, brochure, or other type of publication, you should make sure to avoid claims that state or imply that everyone will achieve the same successful results. You may have noticed both in Sunrider publications and on the Replicator websites, disclaimers that advise the reader that any product testimonials reflect the actual experience of the individual and are not a guarantee of anyone else’s results. We do this even though we know the testimonials about our products are true because we realize that everyone is different and results can vary from person-to-person. At Sunrider we strongly believe that those who use our products, or are thinking about using, them appreciate a full disclosure. Such is our belief in the quality and efficacy of our products.
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