Charges Over Weight-Loss Products Settled
Three California companies have settled charges that they lacked evidence for claims that a popular dietary supplement would help consumers lose weight, the Federal Trade Commission announced today.
The three companies agreed to stop saying that the supplement, chromium picolinate, leads to weight loss, increased energy and prevention of diabetes.
The companies include San Diego-based Nutrition 21, the sole U.S manufacturer of the product, and two retail distributors. One of the retailers, Los Angeles-based Universal Merchants Inc., advertises its chromium chewing gum through an infomercial featuring former LA Law star Susan Ruttan. The other company, La Jolla-based Victoria Bie, sells its products under the name of Body Gold and advertises primarily in magazines.
Total retail sales for chromium picolinate are estimated at $100 million a year, according to Nutrition 21 figures. The company, which does not sell its products directly to the public, would not reveal its annual sales. An estimated 9 million people use chromium-based supplements, and chromium picolinate accounts for about 75% of the market, according to a Nutrition 21 spokesman.
The companies claimed in ads that the products would cause long-term weight loss, reduce body fat, build muscle, increase metabolic rates, control appetites, reduce serum cholesterol, regulate blood sugar levels, increase energy and treat and prevent diabetes. None of those claims have sufficient scientific evidence to support them, according the FTC.
In the settlement, the companies agreed not to make the challenged statements without more reliable evidence. Nutrition 21 also must ask its customers to stop making the claims when they resell the supplements to consumers.
Victoria Bie and Universal Merchants also agreed not to portray individual experiences with the supplements as typical, without scientific evidence.
Chromium supplements have become the focus of controversy in the scientific community. One recent study found that chromium picolinate has little impact on building muscle and burning fat but may help lower blood sugar. Another study found that chromium picolinate could damage chromosomes, a charge that drew a sharp response from the supplements industry.
“There is a lot of evidence on this,” said FTC spokeswoman Loren Thompson. “On balance, it just isn’t enough to support these claims.”
The companies have countered with a series of studies that they say support the claims about weight loss and health benefits.
The settlement agreement does not include an admission of wrongdoing, and Nutrition 21 issued a statement denying that its claims about the supplements lacked scientific basis. The company said that most of the challenged statements were made years ago.
Selene Systems Inc., a general partner of Nutrition 21, settled similar charges against it, the FTC said.
The FTC’s five commissioners voted unanimously to accept the settlement, which can’t become final until after a 60-day comment period.
