Marketing Architects, Inc.

Advertising work supported challenged weight-loss claims

Marketing Architects, Inc., identified in the release as MAI, was an advertising agency that created and distributed radio advertising for weight-loss products sold by Direct Alternatives. The Federal Trade Commission and the State of Maine alleged that MAI created ads containing false or unsubstantiated claims for AF Plus and Final Trim.

The complaint also charged that MAI developed fictitious weight-loss testimonials, presented paid radio advertising as news stories, and created inbound call scripts that did not adequately disclose automatic enrollment in negative-option continuity plans. The release said MAI had created advertising for Direct Alternatives products from 2006 through February 2015.

The proposed court order barred MAI from making seven weight-loss claims that the FTC had identified as always false for covered products. Other health-benefit or efficacy claims required competent and reliable scientific evidence. The order also prohibited misrepresentations about studies, testimonials, independent programming, return policies, cancellation terms, free trials, and automatic billing. It required disclosure of negative-option features and express informed consent before obtaining billing information.

The order imposed a $2 million judgment against MAI, payable to the FTC and the State of Maine and available for refunds to consumers harmed by the conduct alleged. The complaint and proposed stipulated final order were filed in the U.S. District Court for the District of Maine.

What is not established

The release describes allegations resolved through a proposed stipulated order. It does not report findings reached after a trial.