Y 4.5m 1:101-80 JUVENILE DIETING, UNSAFE OVER-THE-COUNTER DIET PRODUCTS, AND RECENT ENFORCEMENT HEARING BEFORE THE SUBCOMMITTEE ON REGULATION, BUSINESS OF THE COMMITTEE ON SMALL BUSINESS ONE HUNDRED FIRST CONGRESS SECOND SESSION WASHINGTON, DC, SEPTEMBER 24, 1990 Printed for the use of the Committee on Small Business For sale by the Superintendent of Documents, Congressional Sales Office NEAL SMITH, Iowa COMMITTEE ON SMALL BUSINESS JOHN J. LAFALCE, New York, Chairman THOMAS A. LUKEN, Ohio IKE SKELTON, Missouri ROMANO L. MAZZOLI, Kentucky NICHOLAS MAVROULES, Massachusetts DENNIS E. ECKART, Ohio GUS SAVAGE, Illinois NORMAN SISISKY, Virginia ESTEBAN EDWARD TORRES, California JIM COOPER, Tennessee JIM OLIN, Virginia RICHARD RAY, Georgia JOHN CONYERS, JR., Michigan KWEISI MFUME, Maryland FLOYD H. FLAKE, New York H. MARTIN LANCASTER, North Carolina BILL SARPALIUS, Texas PETER HOAGLAND, Nebraska RICHARD E. NEAL, Massachusetts GLENN POSHARD, Illinois JOSEPH M. McDADE, Pennsylvania DAVID DREIER, California D. FRENCH SLAUGHTER, JR., Virginia JAN MEYERS, Kansas LARRY COMBEST, Texas RICHARD H. BAKER, Louisiana FREDERICK S. UPTON, Michigan RONALD K. MACHTLEY, Rhode Island ELIOT L. ENGEL, New York JOSE E. SERRANO, New York DONALD F. TERRY, Staff Director SUBCOMMITTEE ON REGULATION, BUSINESS OPPORTUNITIES, AND ENERGY ELIOT L. ENGEL, New York JIM OLIN, Virginia RON WYDEN, Oregon, Chairman JOSE E. SERRANO, New York WM. S. BROOMFIELD, Michigan MEL HANCOCK, Missouri STEVE JENNING, Subcommittee Staff Director PAUL RUSSINOFF, Minority Subcommittee Professional Staff Member CONTENTS Hearing held on September 24, 1990......... WITNESSES Blackburn, George L., M.D., associate professor of surgery, Harvard Medical School, chief, Nutrition/Metabolism Laboratory, Cancer Research Institute, and director, Center for the Study of Nutrition and Medicine, New England Bruner, Denise E., M.D., internist and bariatrician, and member, Task Force on Anorectic Agents, American Society of Bariatric Physicians... Dietz, William H., M.D., Ph.D, associate professor of Pediatrics, Tufts Univer- sity School of Medicine, and director of clinical nutrition, Boston Floating Drewnowski, Adam, Ph.D., associate professor and director, Human Nutrition Program, University of Michigan School of Public Health Gorden, Phillip, M.D., Director, National Institute of Diabetes and Digestive and Kidney Diseases, National Institutes of Health, Department of Health Kelly, Richard F., Assistant Director, Bureau of Consumer Protection, accom- panied by Judith Wilkenfeld, Assistant Director, Division of Advertising Prout, Thaddeus E., M.D., associate professor of Medicine, Johns Hopkins University, School of Medicine, and chairman, Department of Medicine, Raford, Paul, M.D., U.S. Public Health Service... Smith, Mr. and Mrs. F. Anthony, State Center, IA Williamson, David F., Ph.D., Center for Chronic Disease Prevention and Health Promotion, Centers for Disease Control, Public Health Service, At- APPENDIX Additional material received for the record: Barrett, Stephen, M.D., consumer advocate, statement with attachments... Stifler, Lawrence T.P., Health Management Resources, position paper Opening statements: Broomfield, Hon. William S.. Wyden, Hon. Ron Prepared statements: Blackburn, George L., M.D., with attachments..... 247 JUVENILE DIETING, UNSAFE OVER-THECOUNTER DIET PRODUCTS, AND RECENT ENFORCEMENT EFFORTS BY THE FEDERAL TRADE COMMISSION MONDAY, SEPTEMBER 24, 1990 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON REGULATION, BUSINESS OPPORTUNITIES, AND ENERGY, Washington, DC. The subcommittee met, pursuant to notice, at 10:10 a.m., in room 2359-A, Rayburn House Office Building, Hon. Ron Wyden [chairman of the subcommittee] presiding. Chairman WYDEN. The Subcommittee on Regulation will come to order. Today, the subcommittee will hear testimony from the Federal Trade Commission regarding recent investigations into major diet companies, and very low calorie diet programs sponsored by clinics, doctors, and hospitals. The Commission now has 14 investigations in progress involving five of the agency's regional offices. At the subcommittee's request, the Commission investigators say that they have shifted their focus from bizarre diet potions and obvious diet quackery-the fringes of the diet industry-and are now zeroing in on the major diet firms with gross revenues of more than $3 billion each year. The Chair believes that much of the diet industry is built on a foundation of false promises and false hopes. Customers are promised physician-supervised, weight-loss programs when there is no doctor in the house. Before and after photos in ads picture persons who were never on the diet. Endorsements from major medical and health organizations are implied and occasionally directly attributed, even though the groups have specifically repudiated the use of their names in the diet program. In the past, major diet firms have claimed high success rates without any proof to back up the sales pitch. Disclosure of health safety risks to dieters is the exception, rather than the rule. Experts who are supposed to assist and counsel at the clinics are actually often untrained, and there are no minimum qualifications for these positions. Today, the Federal Trade Commission will tell the subcommittee what it is doing to address these problems. The subcommittee is very appreciative of the Commission's cooperation in this matter, (1) |