A frightening inside look at diet scams - and what you can do to protect yourself from them
Jul 04 '00
I once worked in the corporate offices of a weight loss center (with multiple locations in numerous US states, and which is not presently specifically listed on Epinions) which utilizes so-called "metabolic nutrition", dietary supplements, and a form of group therapy to help its clients achieve weight loss.
I am writing this epinion to purge my conscience of ever having been employed by this company, which has achieved great success through its combination of junk science, misleading advertising, conveniently ignoring laws and ordinances designed to protect the public, and the carefully contrived wording of contracts which seem to promise you the world, but which in fact promise nothing more than that they will get their money from you - even if you cancel and the law says you are entitled to a refund.
As a result of this experience, I have been able to look into the business of selling weight loss with an insider's viewpoint. This is a growing industry, and as in any successful growth industry there are many, many people who are in it for the money - they don't care if their methods work in the long term, or even if it makes you sick.
It is a shocking fact to most people that anyone can form a corporation, place contracts in the name of the corporation, and protect themselves from personal liability even if they know what they're doing is wrong. Even more shocking, however, is the tendency of diet scam artists to set up such a corporation (which always looks impressive), then dissolve it and merely reincorporate at the first sign of trouble (which could mean as little as someone demanding a refund), thus leaving all of their client/customers back at square one: without legal recourse, out-of-pocket for the fees they've paid, and no diet program.
Some consumers would be inclined to bring a lawsuit if faced with this problem. However, if they do sue, it will cost them in far more in attorney's fees than they will ever be able to get from the diet provider. A lucky consumer might get to attach the value of a few chairs and a table or two which actually belonged to the corporation - everything else generally is "leased" or "on consignment" to the corporation, then "repossessed" by the scammer when the corporation is dissolved. This is all set up very carefully, so even the most honest attorney will have dedicated hour upon hour of billable time before they discover this fact.
In the meantime, the scammer is free to prey upon even more unwary diet consumers, and repeat the entire episode time and time again. And this is all perfectly legal in most instances.
In other words, this is definitely an industry where "buyer beware" should be posted boldly in letters no less than three feet high for the public to behold. I have therefore compiled a list of considerations every consumer should bear in mind when considering joining a weight loss program or group.
1. Don't sign anything without reading the ENTIRE contract. This means even looking at the back of each page to see if anything is there, and reading even the smallest print. If you can't see the writing on it, either flee or find a magnifying glass (I would suggest flight). If you don't understand any item, clause or word on the contract, DO NOT SIGN IT UNTIL YOU ARE ABSOLUTELY SURE YOU UNDERSTAND, AND AGREE WITH, EVERY WORD IN THE CONTRACT. Also, don't rely on their staff to give you a correct response to any questions you may have about the contract - as salespeople, they are not trained in the law and usually have no idea what the terms will mean in the event of a dispute. Instead, insist upon taking it home for review if you have any questions. If the amount of money involved is a large amount for you to spend, take the time to find a lawyer who will look at it for you for a minimal charge (call your local bar association if you don't know one). If the company balks at any of this, RUN, don't walk, away from that facility.
2. Insist on getting, IN WRITING, an estimate of what the entire program is going to cost. For you to truly gauge whether the plan is financially feasible for your budget, you need to know the cost of supplements, pre-packaged foods, required or suggested classes and/or reading materials, etc. Most companies do not disclose most of these items during the initial sale, and will not do so unless you make it a condition of the sale...in other words, ask for a statement estimating the TOTAL cost, and tell them you want them to include each and every item they recommend for you to successfully lose the amount of weight you want to lose. Remember, if it's not in writing, it's your word against theirs in the case of a dispute. At the very least, it gives you ammunition in the event that they suddenly begin to barrage you with "suggestions" and "recommendations" which will come at additional cost after you have signed on the proverbial dotted line.
3. Ask to see a copy of their program. They may not want to do this, but it's important for you to know that what they are recommending is something that could actually succeed for YOU - and only you can make the determination as to whether you are ready, willing, or able to stick to the program. More than anything, don't start on any program you don't feel you'll be able to stick to - you'll end up spending lots of money, eating food you don't like, losing no weight or, even worse, gaining even more. And, believe me, you'll feel terrible about yourself. So, this step is a don't-skip under any circumstances.
4. Make sure that there are no "non-refundable" items, either on the contract or for purchase. If you change your mind within a day or two, you should be able to get a full refund - in fact many, if not most, states require this of weight loss providers. Be careful of so-called "program fees" or "initiation fees" which they may later claim are non-refundable. When you sign up, you are getting the same treatment as any person who came in off the street to check out the program, with the sole exception of paperwork required so that they can make money - so why should you have to pay for that? Further, if a product tastes bad or makes you ill, you shouldn't have to keep the month's supply you purchased on their recommendation.
5. Check with your local Better Business Bureau to make sure there are no outstanding complaints (most have web sites now). Check with the Federal Trade Commission to ensure that they have complied with their guidelines for advertising by weight loss providers (they have a web site, and it's easy to search). This is not a guarantee that you can trust them, but at least you'll know if they've been accused of false or misleading advertising or business methods in the past.
6. Check with local authorities to ensure that they comply with guidelines as to food safety, cleanliness, and licensing requirements.
7. Talk with friends who have successfully completed a program. Who do they recommend, and why? If any of your friends have had a poor experience with a weight loss provider, you want to know about that as well. Better to know now than to pay later.
8. BEWARE of programs that claim, either in their name or in their advertising, to be affiliated with some kind of research or medical backing. The ONLY exception to this rule is if a physician personally tells you that you can benefit from the program. Many facilities use the words "research" or "physician-supervised" - but it doesn't always mean what you'd expect it to mean.
Unless it is a company formed for scholarly purposes, chances are there is no research involved at all. Actually, it sometimes merely means that they've set up a dummy corporation whose stated purpose is to "research" weight loss - but no scientific research is ever actually performed, and they simply purchase their products elsewhere, have it repackaged as if they manufactured it themselves, and sell it at a huge markup.
"Physician supervised" could mean as little as a doctor being paid to review their program - on paper only - and saying it wouldn't hurt the average person. Some companies even routinely do blood pressure checks - but that doesn't necessarily mean that the results are sent to a physician for review. Also, don't forget the Fen-Phen disaster - there are people dead and dying today because too many people automatically trusted a "physician supervised" program. Unfortunately, if you will recall, many people who did not meet FDA guidelines were prescribed the drug by physicians working under contract with diet providers. In fact, the only real "physician supervised" program of which I am aware is one in which your own physician places you on a diet, and personally supervises your health and progress on an ongoing in-office basis.
This is not to say that there aren't legitimate companies out there with a real concern for helping their client achieve their goals - there certainly are, and they perform a fine service for the consumer. However, the line of differentiation between the legitimate and the illegitimate provider is so blurry that you absolutely must take steps to protect yourself before making any decision.
Weight loss, like any medical or health undertaking, is serious business -for you, of course, when considering the possible consequences to your health if embarked upon without sufficient information; as well as for the provider of service, who stands to make a great deal of money (we're talking in the millions here - perhaps even in the billions industry-wide) if they have the right sales pitch and can expand their operations. Therefore, as a consumer, you need to take proper precautions to protect yourself, both financially and physically, from those who are more interested in the weight of your wallet than in your well-being.
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Epinions.com ID:
The_T_Meister
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Location: Huntington, West Virginia
Reviews written: 84
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Memberships: National Writers Union, Society of Professional Journalists, The Author's Guild
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