The Federal Trade Commission filed suit Thursday against the marketers of the widely advertised product, Body Solutions Evening Weight Loss Formula (Evening Formula). The FTC charged Mark Nutritionals, Inc., based in San Antonio, Texas, and its officers, Harry Siskind and Edward G. D'Alessandro, Jr. with making false and unsubstantiated claims for Evening Formula. According to the complaint, the defendants peddled their product using both English and Spanish language testimonial endorsements from popular radio disk jockeys on more than 650 radio stations in 110 cities nationwide. Through these DJs and the company's website, the defendants claimed that their product offered consumers the unique opportunity to lose substantial and permanent weight without diet or exercise. They further claimed that users could consume substantial amounts of high calorie foods and still lose weight.

This is the first law enforcement action taken by the FTC since releasing its "Report on Weight-Loss Advertising: An Analysis of Current Trends" and since conducting its workshop on weight loss advertising on November 19. The workshop discussed the impact of deceptive ads on public health and explored new approaches for fighting the proliferation of misleading claims for weight-loss products.

"We intend to maintain an aggressive law enforcement program," said J. Howard Beales, III, Director of the FTC's Bureau of Consumer Protection. "But to solve this problem, we also need help from responsible members of the media."

Since 1999, the defendants had a total of more than $190 million in sales of their Body Solutions line of products. In its complaint filed in federal district court, the FTC alleges that the defendants made sales primarily through the use of deceptive radio advertisements. The thirty to sixty second "radio spots" aired daily in English and Spanish on radio stations across the U.S. Typically, the ads were read by local radio personalities who purportedly used the product and were presenting their personal experience.