Co. Fined $8M for Diet Pill Claims

KALPANA SRINIVASAN, Associated Press Writer
AP Online
07-19-1999
Co. Fined $8M for Diet Pill Claims

WASHINGTON (AP) -- A company that claimed its pills could ``blast'' pounds off consumers without any exercise or dieting must pay more than $8 million in redress, the Federal Trade Commission announced Monday.

The FTC had charged SlimAmerica, Inc., and its principals with deceptive advertising of their Super-Formula diet product, which was billed as a ``New Triple Medical Breakthrough.'' Ads for the products ran in magazines -- such as Ladies Home Journal and Cosmopolitan -- in newspapers, and on the Internet.

According to the commission, the company falsely claimed that a three-pill combination -- Slim Again, Absorbit-All and Absorbit-All Plus -- could rid consumers of up to 49 pounds in 29 days, take five inches off their waistlines and trim another three inches from their thighs.

The ads also asserted that the product claims were backed by scientific studies and had the endorsement of a medical doctor with credentials from a well-known nutrition organization.

Consumers called an 800-number to order a 30-,60- or 90-day supply of Super-Formula for between $49.95 and $129.95.

The commission challenged the validity of the scientific support when it sued the company, based in Deerfield Beach, Fla., in December 1997 in U.S. District Court in Southern Florida.

The court ruled that the company's weight loss claims about Super-Formula were impossible, and that the company misrepresented the credentials of the doctor. Testimony given by consumers about their purported weight loss in defense of the company did not offer proof of the product's claims, the court ruled. The court also dismissed the scientific evidence offered by the company, noting that it had serious methodological and technical flaws.

``The reality for consumers is very different: there's no easy way to lose weight,'' said Jodie Bernstein, the director of the FTC's Bureau of Consumer Protection.

There was no phone listing available for the company or its principals.

The two principals of the company -- Robert Wyman and Frank Sarcone -- must post performance bonds in the millions of dollars before they decide to market or sell any weight-loss products again. Under the court order, the company is permanently prohibited from such fraudulent practices in the future. It also must pay $8.3 million in redress, which represents the total amount of sales to consumers who have not yet received refunds.

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