Claims made about weight loss products are going to get close scrutiny from the Commerce Commission over the next few months.
Commission Fair Trading Manager Rachel Leamy said the main focus will be on claims that products can cause weight loss without people having to exercise or change their diets.
The Commission is investigating claims made about a number of products and will take enforcement action if breaches of the Fair Trading Act have occurred. That action would be issuing warnings, entering settlements or taking court action.
"Our approach will be a mixture of education and enforcement," Ms Leamy said. "While our main concern is the promoters, we will also be talking to pharmacists and health shops and explaining that the Act applies to them in the same way as it does to other people in trade.
"Put simply, the Act is about accurate information. It prohibits people in trade making false or misleading claims and conduct that might be deceptive or misleading.
"Retailers - be they your local chemist or health shop - as well as promoters can be prosecuted by anyone who believes they may have breached the Act."
The Commission's action on weight loss products comes from its on-going monitoring of advertising.
"We have a surveillance programme monitoring advertising so that we can identify trends and focus on key issues where we can have the most impact," Ms Leamy said.
"Weight loss is a highly emotive issue - many people are almost desperate to lose weight - and false or misleading promotions can easily take advantage of that. In addition, there is a lot of advertising of weight loss products."
Problems the Commission has encountered include products endorsed by people who call themselves doctors but have no medical qualifications, claims supported by studies from research institutions that do not exist and, at the centre of the issue, claims that using a particular product will cause weight loss without needing to change diet or exercise.
"All the evidence we have from the Heart Foundation and medical schools is that diet and exercise are key areas that people must consider if they want to lose weight," Ms Leamy said.
"We have often said about get rich quick schemes that if it looks too good to be true, then it probably is. The same goes for weight loss. Claims that all you need do to lose weight is to buy this product, and if you don't get instant results, then buy more of it, are almost certainly too good to be true."
