Ullman Comments on Legal Landscape of Weight Loss Supplements

February 9, 2022 | Compliance Investigations & White Collar

Marc Ullman was cited in the NutraIngredients-USA article, “Navigating the legal landscape of weight loss supplements.”

The article explains that since over 42% of adults in the United States are obese, the weight loss industry has an easier time marketing their products. However, this category of supplements has a checkered history and their claims are not always legally correct.

The FDA stated that hidden ingredients in these products have become more of a problem over time.

Ullman commented, “This is a red flag category for regulators at all levels – FDA, FTC, State Attorney Generals – as well as the class action bar. The category is directed at what FDA and FTC consider a vulnerable population and historically has been rife with products making exaggerated if not fraudulent claims.”

He said substantiation is always a challenge in this category. “Both the FDA and FTC are extremely skeptical of products in this category and neither believe that there can be a magic bullet for weight loss and that the absence of reference to diet and exercise is a red flag.  Finding an effective product that can work without stimulants or significant side effects remains an ongoing struggle.”​

Ullman also stated including a reference to diet and exercise as well as slow, steady weight loss is always advisable.

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