Introduction
Mehmet Oz, MD, a Harvard-trained cardiologist
and surgeon, has been disseminating his unique brand of enthusiastic and
entertaining medical advice to audiences of “The Dr. Oz Show” since 2009.1
In more than 750 episodes of his popular daytime talk show, Dr. Oz has addressed
a diverse range of health-related questions and concerns from the common (“Could
You Have a Hidden Food Allergy?” and “The Truth About Antidepressants”) to the
curious (“How You Can Use Angels to Heal” and “Is Your Poo and Pee Normal?”).2
But it was one of his most frequently covered topics — weight loss — that made
him the focus of a recent US Senate hearing on illegal advertisements for weight-loss
products.3
Senator Claire McCaskill (D-MO), chair of the Senate Subcommittee on Consumer
Protection, Product Safety, and Insurance, which held the hearing on June 17,
2014, criticized Dr. Oz for his endorsements of “miraculous” weight-loss supplements
with unproven health claims, which unscrupulous companies later used to sell
products.3 In addition to Dr. Oz, witnesses included the Federal
Trade Commission’s (FTC) Mary Engle, the associate director of its Division of
Advertising Practices (DAP); natural products industry representatives Daniel
Fabricant, PhD, CEO and executive director of the Natural Products Association
(NPA), and Steve Mister, president and CEO of the Council for Responsible
Nutrition (CRN); and others.3
The Senate hearing focused largely on Dr. Oz — dubbed “America’s Doctor” by
Oprah Winfrey after his 2004 appearance on her talk show4 — but he
and other witnesses were in agreement that federal authorities have the
appropriate tools to curb deceptive or false weight-loss product ads. 5-8
CRN, in its testimony, recommended increasing and prioritizing federal
enforcement of existing regulations; expanding consumer education efforts; and
encouraging volunteer, self-regulatory programs for industry members, retailers,
and advertisers as potential measures to counter the continued prevalence of misleading
weight-loss product ads.8
Engle attributed the problem to a strong,
widespread consumer desire for easy and effective weight-loss solutions. 6
The potential market for such products is huge; according to the Center for
Disease Control’s most recent statistics, roughly 70 percent of Americans are
overweight, and more than 35 percent are considered obese.6
However, Sen. McCaskill suggested that Dr. Oz
did his audience a disservice by using hyperbolic and overblown language to
promote weight-loss products with unproven benefits — in particular, Garcinia cambogia, green coffee bean (Coffea arabica) extract, and raspberry (Rubus idaeus) ketones.3
“The scientific community is almost monolithic
against you in terms of the efficacy of those three products you called
miracles,” she said.3 “I don’t get why you need to say this stuff
because you know it’s not true.… So why, when you have this amazing megaphone,
do you cheapen your show like that?”3
FTC Actions: Past and Present
Since 1927, the FTC has filed “hundreds of cases challenging false and unproven
weight-loss claims” and 82 in the past decade alone, according to Engle.6
An FTC survey from 2011 found that “more consumers were victims of fraudulent
weight-loss products” than any other category of fraud, which included scams
related to credit repair, debt relief, unauthorized billing, and others.6In January 2014, the Commission launched
“Operation Waistline,” a new regulatory initiative targeting misleading weight-loss
claims. Since that time — citing a lack of substantiating evidence for product
claims in each case — the FTC has filed suit against Sensa Products for alleging
that its supplement can helping users “lose 30, 40, 90 pounds or more without
dieting or exercise;” L’Occitane for claiming its almond creams had “body
slimming capabilities that could trim inches in months;” and HCG Diet Direct for
suggesting its homeopathic drops could help consumers “lose up to one pound a
day.”6
Most recently, in May 2014, the FTC sued
Florida-based Pure Green Coffee for fabricating news websites and using clips
without permission from “The Dr. Oz Show” to sell its green coffee bean
extract.9 The company — which charged $50 for a one-month supply of
the product — was charged with “false and unsupported advertising claims,” such
as their assertion that “studies prove Pure Green Coffee use can result in
average weight loss of 17 pounds in 12 weeks.”9
Dr. Oz, who
emphasized in the hearing that he does not endorse or receive money from
manufacturers of products mentioned on his show, called these deceptive
practices “a large scale orchestrated criminal fraud … and a grave threat to
the health of any person buying and ingesting products from a dishonest
seller.”5
Such misleading
product advertisements have the potential to harm not only consumers, but
members of the industry as well. As CRN’s Mister noted in his testimony: “Responsible firms…suffer along with consumers as legal,
reasonable and defensible advertising for weight management gets dwarfed by
outlandish claims that violate the law and deceive consumers.”8
FTC Regulations and Required Evidence
The Senate hearing specifically
addressed the deceptive advertising
of weight-loss products, which includes herbal and dietary supplements. The US
Food and Drug Administration’s (FDA) Dietary Supplement Health and Education
Act of 1994 (DHSEA) is concerned primarily with the labeling of such products but also addresses certain product health
claims.10
“Marketers of dietary supplements should be familiar
with the requirements under both DSHEA and the FTC Act that labeling and
advertising claims be truthful, not misleading and substantiated,” the FTC explains
in its Dietary Supplements: An
Advertising Guide for Industry.10 For these claims, the FTC
requires “competent and reliable scientific evidence,” which they define broadly
as “tests, analyses, research, studies, or other evidence based on the
expertise of professionals in the relevant area, that have been conducted and
evaluated in an objective manner by persons qualified to do so, using
procedures generally accepted in the profession to yield accurate and reliable
results."10
Although the FTC does not specify
what it considers acceptable scientific studies, it notes a number of factors
that can “enhance the validity of the test results,” such as the use of a
control, double blinding, and increased study durations. Further, the
Commission stresses the importance of statistically significant results and,
“in most situations,” research quality over quantity. 10
Such ambiguous
regulatory language, the Commission notes in its industry guide for dietary supplements advertising, is intended to benefit consumers. “The FTC's standard for evaluating substantiation is
sufficiently flexible to ensure that consumers have access to information about
emerging areas of science.”10
In her
testimony, Engle described weight-loss product study requirements in slightly
more detail. “[I]f a company had one good study showing weight
loss, FTC wouldn’t necessarily consider it unsubstantiated,” she wrote, “but in
cases where a company has violated the FTC Act and is under order, the agency
has determined two studies are needed going forward.”6
This statement is reflected
in FTC’s recent settlements with Sensa Products, L’Occitane, and HCG Diet
Direct, in which the Commission specifically prohibits the companies from
making any further weight-loss claims “unless the claim is backed by two adequate and
well-controlled human clinical studies.”6
The Science Behind Dr. Oz’s “Magic” Weight-Loss Supplements
Perhaps the most tangible
benefit from Dr. Oz’s frequent discussions of weight loss —despite his endorsements
of products with limited, if any, scientific evidence to support their claims —
is simply an increased awareness of the issue. With approximately three million
viewers per episode,1 it is clear that his enthusiastic and unusual
approach to medicine resonates with some Americans.
The often-sensational language he uses
on the show — including references to “miracle” or “magic” weight-loss
solutions — Dr. Oz added, is part of his role as a motivational daytime
talk-show host. “When we write a script, we need to generate enthusiasm and
engage the viewer. Viewers do not watch our show because they are seeking our
dry clinical language.”5
According to Dr. Oz, his
enthusiastic recommendations for various products are meant to help inspire his
audience to make meaningful changes — such as losing weight — in their lives. “[W]e actively research new and emerging products and trends
and news about products found in the average health food store,” he noted.5
“We look to published research, expert guests, our own testing that we do with
third party laboratories and anecdotal testimony from audience members about
people’s experience with the various products with the goal of providing useful
information.”5
But as Michael Spector wrote
in his 2013 New Yorker profile of Dr.
Oz: “Oz has
been criticized by scientists for relying on flimsy or incomplete data,
distorting the results, and wielding his vast influence in ways that threaten
the health of anyone who watches the show.”4
Acknowledging the limited scientific
research supporting his claims for products such as the three previously
mentioned herbal products, Dr. Oz said: “I actually do personally believe in the
items I talk about in the show.... I recognize oftentimes they don't have the
scientific muster to present as fact, but nevertheless, I would give my
audience the advice I give my family.”5
Dr. Oz has described
modern medicine as a “challenging orthodoxy”11 in which scientific validation is
inherently more difficult for products and ideas not rooted in the Western
medical tradition. “[T]his is one of the fundamental disconnects between
Western medicine and what people often refer to as complementary medicine,” he
noted in the New Yorker. “Not
everything adds up. It’s about making people more comfortable.”4
However, some remain convinced that Dr. Oz is doing more harm than good.4
In Dr. Oz’s 2013 profile, Eric Rose, MD — a professor of cardiology and a
former colleague of Dr. Oz — offered both compliments and criticisms of
“America’s doctor.”4“In many respects,
Mehmet is now an entertainer. And he’s great at it. People learn a lot, and it
can be meaningful in their lives. But that is a different job,” said Dr. Rose.4
“In medicine, your baseline need has to be for a level of evidence that can
lead to your conclusions.”
Garcinia Cambogia
In November 2012, Dr. Oz unveiled the
exotic-sounding fruit Garcinia cambogia
as the “newest, fastest fat-buster,” which he claimed “may be the
simple solution you’ve been looking for to bust your body fat for good.”12
Of the three main herbal products
criticized by Sen. McCaskill, Garcinia cambogia has the most human clinical
research data. According to Dr. Oz’s website, hydroxycitric acid (HCA) isolated
from the rind of fruits of this Garcinia species “aids in weight loss by doing
two things: It helps to block fat, and it suppresses your appetite.”12
The
most recent meta-analysis of the anti-obesity effects of Garcinia extracts was
published in 2013 by Chuah et al in Evidence-Based Complementary and
Alternative Medicine.13 Analyzing 17 randomized, controlled trials
(RCTs) with supplements containing varying levels of HCA, the authors concluded
that, despite several statistically significant weight-loss results, the total
body of evidence suggested that “G. cambogia extract possessed limited or no
effects on weight loss in human subjects.”13
Green Coffee Bean Extract
In April 2012, Dr. Oz included
green coffee bean extract as one of his “[five] fastest fat burners.” In hyping
the supplement, Dr. Oz said, “You may think magic is make believe but this
little bean has scientists saying they’ve found the magic weight loss cure for
every body type —
it’s green coffee extract.”14 These alleged actions are thought
to stem from a compound known as chlorogenic acid (CGA), which “slows
absorption of fat from food intake and also activates metabolism of extra fat,”
according to a fact sheet posted on “The Dr. Oz Show” website.15
In
the segment, Dr. Oz discussed the product’s weight-loss properties with
nutrition advocate and entrepreneur Lindsey Duncan, a frequent guest on “The
Dr. Oz Show.” Dr. Oz, however, failed to disclose that Duncan is the CEO of
Pure Genesis, a supplement company that sells green coffee bean extract, among
other products.16 His failure to acknowledge conflicts of interest
in scientific research is apparently not uncommon.
The
latest literature review of “green coffee extract” studies for weight loss was
published by Onakpoya et al in Gastroenterology
Research and Practice in 2011.17 Out of the five relevant human
clinical trials on green coffee bean and weight loss identified, three met the
authors’ inclusion criteria. However, as two trials were funded by extract
manufacturers, Onakpova et al concluded that their results — which suggested
potential weight-loss benefits — should be interpreted with caution.17
The
most recent published results of a human clinical trial of green coffee bean
extract appeared one year later in the journal Diabetes, Metabolic Syndrome, and Obesity: Targets and Therapy.18
In their 2012 randomized, placebo-controlled study, Vinson et al examined the
effects of green coffee bean extract on overweight subjects. Results from 16
participants indicated significant reductions in weight, body mass index, and
body fat percentage after 22 weeks. 18 Sen. McCaskill, however, took
issue with the relatively small study, which she noted was funded by a
manufacturer of green coffee bean extract (Applied Food Sciences, Inc., as
reported by the Los Angeles Times).3,19
In
September 2012, frustrated with increased criticism of the science supporting green
coffee bean claims, Dr. Oz dedicated an entire episode to an in-house, placebo-controlled
study he refers to as “The Green Coffee Bean Project.”14 “The Dr. Oz
Show” medical unit enrolled 100 overweight women between 35 and 49 years old.
After two weeks, the women taking green coffee bean extract lost an average of
two pounds, while the women taking a placebo lost one pound. Dr. Oz remarked
that, according to his study, “taking green coffee bean extract doubles your
weight loss,” but the statistical significance of the results was not reported.14
Raspberry Ketones
Also in 2012, Dr. Oz introduced — with “weight-loss expert” Lisa Lynn — the promising
effects of raspberry ketones, which he referred to as “the No. 1 miracle in a
bottle to burn your fat.” Lynn touted the supplement’s ability to “slice [fat]
up inside the cell so it burns fat easier.” “And we all want easier,” she
added.20No human clinical trials have been published on raspberry ketones for
use in weight loss (at least insofar as a search on the National Library of
Medicine’s PubMed database on July 2, 2014), and Dr. Oz, in his online
factsheet for the supplement, mentions only a single rodent study that found raspberry
ketones reduced abdominal fat in mice when compared to control animals.21
The “Dr. Oz Effect”
The power and influence Dr. Oz has over consumers is undeniable. After he
discussed neti pots on his show, retail sales increased exponentially and
Internet searches for the term shot up a remarkable 42,000 percent, according
to Forbes.22 The impact
Dr. Oz can have on product sales is so well established there is even a term
for it: the “Dr. Oz effect.” In large part, this influence is why he was called
to testify at the June Senate hearing.
“You are being made an
example of today because of the power you have in this space,” said Sen.
McCaskill.3 “We didn’t call this hearing to beat up on you. We
called it to talk about a real crisis in consumer protection.”
The hearing received extensive coverage
in the American news media, most of which focused on Dr. Oz and his testimony.23-26
Comedian John Oliver — in a 16-minute segment that aired on HBO’s “Last Week
Tonight with John Oliver” on June 22, 2014 — was decidedly blunt in his
criticisms of Dr. Oz.27 He referred to Dr. Oz as a “shameless
panderer” and compared him to an “Old West traveling salesman” for endorsing
products such as “miracle flowers.” (“Name me one case where a man named Oz
claimed mystical powers and led people astray,” Oliver joked.27)
Oliver, however, did not place blame
squarely on Dr. Oz. “The problem is this Senate
hearing is going to achieve nothing for a very chilling reason,” he said.27 He continued with the unfortunately inaccurate theme
all-too-often repeated by serious members of the American media: “Dr. Oz is
just a symptom of the problem. The disease is the fact that dietary supplements
in the US are shockingly unregulated.”
Conclusion
Regardless of whether or not
the hearing will bring about any meaningful change, it highlighted the new and
ongoing efforts of the FTC and the responsible elements in the natural products
industry and partner organizations to reduce the impact of unscrupulous
advertisers preying on a growing consumer market.
In his written testimony,
CRN’s Mister noted that such irresponsible companies that violate existing
federal regulations damage the industry’s reputation as a whole.8 “[T]hat is the reality of the current weight loss market,” he
wrote. “[I]t is a tale of two industries — with legitimate manufacturers who responsibly produce
products that work and make claims for their products within the bounds of the
law, and unscrupulous players who prey on desperation and the insatiable desire
to be thin, and will say almost anything to make a quick profit.”8
NPA’s Fabricant, who previously served
as the director of FDA’s Division of Dietary Supplement Programs, expressed his
organization’s willingness to work with federal officials to help protect
consumers from deceptive weight-loss products.7 “[W]e view our role
as playing a strong partnership with regulatory officials, since we share their
goals and objectives,” NPA’s Fabricant wrote.7 “But we do depend on
federal authorities to provide that enforcement action to make all of this a
reality.”—Tyler Smith
References - Press.
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Accessed June 24, 2014.
- All
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17, 2014. Protecting consumers from false and deceptive weight-loss
advertisements [video]. US Senate Committee on Commerce, Science, &
Transportation website. Available here.
Accessed June 27, 2014.
- Spector
M. The operator. The New Yorker.
February 4, 2013. Available here.
Accessed June 27, 2014.
- Written
testimony of Dr. Mehmet Oz, MD. “Protecting Consumers from False and Deceptive
Advertising of Weight-Loss Products.” Senate Committee on Commerce, Science,
and Transportation Subcommittee on Consumer Protection, Product Safety, and
Insurance. Washington, DC: United States Senate; June 17, 2014. Available here.
Accessed June 27, 2014.
- Prepared
statement of Mary Koelbel Engle. “Protecting Consumers from False and Deceptive
Advertising of Weight-Loss Products.” Senate Committee on Commerce, Science,
and Transportation Subcommittee on Consumer Protection, Product Safety, and
Insurance. Washington, DC: United States Senate; June 17, 2014. Available here.
Accessed June 17, 2014.
- Natural
Products Association Testimony to the Senate Commerce Committee. “Protecting
Consumers from False and Deceptive Advertising of Weight-Loss Products.” Senate
Committee On Commerce, Science, And Transportation Subcommittee On Consumer
Protection, Product Safety, And Insurance. Washington, DC: United States Senate;
June 17, 2014. Available here.
Accessed June 17, 2014.
- Written
testimony of Steve Mister. “Protecting Consumers from False and Deceptive
Advertising of Weight-Loss Products.” Senate Committee on Commerce, Science,
and Transportation Subcommittee on Consumer Protection, Product Safety, and
Insurance. Washington, DC: United States Senate; June 17, 2014. Available here.
Accessed June 27, 2014.
- FTC
Charges Green Coffee Bean Sellers with Deceiving Consumers through Fake News
Sites and Bogus Weight Loss Claims. Washington, DC: Federal Trade Commission;
May 19, 2014. Available here.
Accessed June 27, 2014.
- Dietary Supplements: An Advertising Guide for Industry.
Washington, DC: Federal Trade Commission; April 2001. Available here.
Accessed June 25, 2014.
- Abcarian
R. Dr. Oz doubles down on bogus weight loss products at Senate hearing.Los Angeles Times. June 18, 2014.
Available here.
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Accessed June 24, 2014.
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LO, Ho WY, Beh BK, Yeap SK. Updates on Antiobesity Effect of Garcinia Origin
(−)-HCA.Evid Based Complement Alternat
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green coffee bean extract. “The Dr. Oz Show” website. Available here. Accessed
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sheet: green coffee bean. “The Dr. Oz Show” website. Available here.
Accessed June 24, 2014.
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philosophy. Genesis Pure website. Available here. Accessed June 24 2014.
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I, Terry R, Ernst E. The Use of Green Coffee Extract as a Weight Loss
Supplement: A Systematic Review and Meta-Analysis of Randomised Clinical
Trials. Gastroenterology Research and
Practice. 2011. doi: 10.1155/2011/382852.
- Vinson
JA, Burnham BR, Nagendran MV. Randomized, double-blind, placebo-controlled,
linear dose, crossover study to evaluate the efficacy and safety of a green
coffee bean extract in overweight subjects. Diabetes,
Metabolic Syndrome, and Obesity: Targets and Therapy. 2012;5:21–27. doi: 10.2147/DMSO.S27665.
- Healy
M. Green coffee beans show potential for weight loss. Los Angeles Times; March 27, 2012. Available here.
Accessed July 1, 2014.
- Raspberry
ketone: fat-burner in a bottle. “The Dr. Oz Show” website. Available here. Accessed
June 27, 2014.
- Raspberry
ketone: What science says. “The Dr. Oz Show” website. Available here.
Accessed June 27, 2014.
- Walton
AG. The Oz effect: medicine or marketing?Forbes.
June 6, 2011 Available here.
Accessed July 1, 2014.
- Mutnick
A. Senators scold Dr. Oz for weight-loss scams.USA Today. June 18, 2014. Available here.
Accessed July 2, 2014.
- Deng
B. Sen Claire McCaskill dissects Dr. Oz.Slate.June 17, 2014. Available here.
Accessed July 2, 2014.
- Hamblin
J. Senators to Dr. Oz: Stop promising weight-loss miracles.The Atlantic.June 18, 2014. Available here.
Accessed July 2, 2014.
- Stanek
B. Lawmakers caution Dr. Oz on weight-loss tips.Time.June 17, 2014. Available here. Accessed July
2, 2014.
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P. John Oliver steps on Dr. Oz to savagely trample the dietary supplements
industry. The Week. June 23,
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