Weight Loss Products

At Kronenberger Rosenfeld, we represent manufacturers, sellers, and advertisers of weight loss products and are familiar with the unique legal and compliance issues faced by any company doing business in the weight loss industry.

The time-honored maxim of caveat emptor—or “let the buyer beware”—is no longer the governing principle when it comes to the sale of weight loss products. During the past decade, the Federal Trade Commission (FTC) has brought numerous cases in the weight loss arena and has recently announced the possibility of prosecuting media outlets that do not refuse advertisements for so-called “bogus” weight-loss products. More recently, state and county law enforcement authorities, including Attorneys General and District Attorneys, have undertaken their own investigations regarding the online advertising of weight loss products. Finally, there has been a gradual rise in consumer class actions against companies that market and sell weight loss products. The cumulative result of these legal actions has been to rewrite the rules of marketing. To paraphrase the FTC’s comments on a recent press conference regarding certain weight loss products, it is no longer “let the buyer beware,” but rather, “let the buyer be educated.”

Kronenberger Rosenfeld has extensive years of experience helping its clients in the weight loss industry navigate and stay on top of this ever-changing regime of regulations. We routinely conduct reviews of weight loss websites and advertising material for clients to ensure they are compliant with state and federal regulations, including the FTC Act. Among the points of review used are:

If you have not had your website or advertising campaigns reviewed by an attorney, or if a significant amount of time has passed since your last review, you should obtain such a review to identify any areas of concern. The costs of a compliance review are minor compared to the defense of an FTC or consumer action. Kronenberger Rosenfeld, LLP is experienced in advising clients on FTC compliance issues, including with respect to weight-loss products, dietary supplements, and nutraceuticals. We understand your business model and the desire to achieve compliance while maintaining acceptable conversion rates, and are willing to work with you toward that goal.

We welcome you to submit the details of your Weight Loss Product matter using our online case submission form or by calling us at 415-955-1155, ext. 120.

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