Legal? Yes. Ethical? No.

Catherine Paneral

Jour 4470

February 24, 2012

Blog Two—Classical ethical theories vs. modern practice of advertising

Legal? Yes. Ethical? No.

Advertising and ethics are like oil and water. You can try mixing them together, but they will always separate. One of the biggest unethical offenders is weight loss advertising.

There are numerous weight loss supplements on the market that all promote the same thing, lose weight fast. The commercials convince you that all you have to do is pop one of these pills and the weight will just fall of. But then when you read the microscopic, fine print, you realize the label says results may vary or weight loss results are combined with diet and exercise. Oh, how convenient. I thought I could just take this pill and the pounds would just fall off. Wrong. 

Whatever happened to “What Would Jesus Do?” Do advertisers think, “Oh yes, Jesus would want me to tell these people that my product will help them get high school skinny again.” You can’t tell someone only half of what they need to do to lose weight. Especially when it is the easy half you are telling them.

According to the Federal Trade Commission (FTC), “advertising must be truthful and non-deceptive… advertisers must have evidence to back up their claims… and advertisements cannot be unfair.” Disclosure and disclaimer statements are required if the advertisement implies misleading claims. The statements are supposed to “give qualifying information so the claim is not misunderstood.” You are required to tell the truth and clearly label the advertisement and product so the intent cannot be mistaken. Funny though how the disclaimers are always read quickly on television or typed in the tiny fine print at the bottom of the advertisement.

Let’s review a few ethical questions that we discussed in our ethics class about what advertisers should ask themselves when preparing to promote or advertise a product, in this case it is a weight loss supplement.

o   Are you hyping something beyond reality?

o   Um, yeah.  “Results may vary.” "This will help with weight loss when used in conjunction with a healthy diet and exercise". The advertisers know that this product is not going to work unless other actions are involved, but they aren’t worried about that. They just need customers to take the bait. And they will.

o   Weight Watchers and Jenny Craig love to advertise how you can “eat whatever you want and still lose weight.” People have reported the tens of hundreds of pounds that have been shed, 20…50…100. However, in the tiny print you can see “results not typical.” So what that tells me is this doesn’t always happen. Please show me what typical results would look like.

o   Are you promoting a product that could be harmful?

o   In 2009, Hydroxycut issued a recall on 14 products worldwide after reports of liver failure, jaundice, seizures and cardiovascular problems were reported to the FDA. One woman said “There were times that I had to reduce my daily dosage because it made my heart race so bad and I felt dizzy and nauseous.”

o   Are you perpetuating negative stereotypes for the purpose of selling something?

o   If you’re not skinny, you’re fat. What happened to being a normal, healthy weight? Weight loss advertisement have us convinced that if we don’t look like the people on TV then we are unattractive which then makes us feel worthless which then convinces us to by this magical get skinny pill and it keeps them in business.

o   If you advertise or market something that takes advantage of people, when (if ever) is that justified?

o   Never. This form of advertisement is absolutely taking advantage of people. I don’t see how it can be justified at all. The manufactures are making a profit off of something that says “Individuals used this product with diet and exercise and have been remunerated. All groups followed a calorie-reduced diet.” So, according to the law, they did what they are required to do. They told us what is required to lose weight. But in all honesty, they know most of the people are not going to do that. They will rely on the supplement to do all the work. People are getting taken advantage of but don’t even realize it.

Advertisements push the rules and regulations to their limits daily. And as long as they can get away with just enough, they will.  They will do their part in following the FTC laws, but follow a code of ethics? Well, that’s a-whole-nother story.