Dave’s Take

In a previous blog, I lamented the fact that the FCC and FTC were woefully inept at keeping proven liars off our paid airwaves. Who hasn’t viewed claims made in TV infomercials and commercials that we know is nothing short of pure, unadulterated B.S.? We don’t need to be scientists to realize most people are not going to lose 150 pounds on Jenny Craig (despite what Marie, Valerie and Coach Shula claim). We also don’t need an advanced degree to know that most drug ads are deceiving at best and outright dishonest at worst. Or that despite being good people, most men will lose some or all of the hair, eventually. No, what we need is a government agency with the competence and motivation to run these charlatans off the air. And now, thanks to new FCC guidelines, sanity may have finally arrived in the crazy town that is endorsement advertising.

Beginning December 1st, all advertising endorsements will be subject to a logical smell test – one that is obvious to everyone but the thieves. Starting then, anyone who makes a claim as to a service or product’s effectiveness will have to prove it. This is significant; because no longer will the old, “Results may vary” in 2-point used car font suffice to let the liar off the hook. Now, they must make claims that are typical for all users and not just the ones that had a million dollar reason for succeeding. Are you listening, Jared? The only consistent exemption to this law would be for humorous endorsements, which must be presented in a way that is “obvious to the viewer.” (I don’t know about you, but as far as I’m concerned, just about all of these shills are clowns).

Not only must any beneficial product claims made be proven, but all endorsers must disclose their relationship with the advertiser. I believe this clause was inserted to combat all of the bloggers and Internet “reporters” who make unchecked claims about everything from Rogaine to Yoga. Bloggers will now be forced to admit that their video games and Buffy t-shirts are freebies from their corporate pimps. This rule will also apply to endorsements given over social media sites like Twitter and Facebook. How they’ll enforce potential violations is beyond me, but I welcome the opportunity (and threat).

Crooks, er critics of the new rules claim not only are they a violation of free speech, but will be impossible to enforce uniformly. They argue thresholds have yet to be established, thereby leaving a gray area, especially in trade-outs. When does a blogger or endorser have to reveal they received the product or service for free or at a discount? Will getting a free $3 coupon trip the endorser disclosure act? Yes, there are still lots and lots of details to be worked out and that’s what the courts and public input are for. I’m just glad that I don’t have to wonder if the Ablounger really will take six inches off my waste while I sleep.

Among the federal agencies charged with the regulation of commerce, perhaps none have been as neutered as the Federal Communications Commission. The past eight years have not been kind to the agency responsible for protecting consumers from telephone, internet and television scams. The “no regulation is needed of the free market” mentality of the Bush Administration all but gutted the agency. If nothing else, the lack of presidential support certainly ruined morale within the organization. During W’s rein, the F.C.C.s mission went from investigation and prosecution to the Sgt. Schultz approach of, “We see nothing!” Unfortunately, the new boss seems like the old boss when it comes to logical enforcement of federal communications laws and regulations.

While the old Nigerian prince scam has taken thousands of gullible Americans for millions, it’s nothing compared to the “respectable” campaigns that make the Nigerians look like the rank amateurs they are when it comes to separating hard working people from their cash. Products that promise to melt the pounds away, make you look twenty years younger, or take away your back pain forever are running without regulation 24 hours a day on televisions everywhere. How do they get away with selling the modern version of snake oil? Easy, the FCC is in charge and Congress is happy with its direction.

Does anyone familiar with drug efficacy seriously believe that the unregulated supplements business is honest and trustworthy? Take it from someone who knows people who work in the industry, the supplement market is about as regulated as the wild, wild West was in Jesse James’ time. Thanks to Senators like Utah’s Orrin Hatch, the supplement business has been left to regulate itself. Supporters of the industry claim that since they don’t use any regulated ingredients, they shouldn’t be as scrutinized as the drug industry. Critics argue that most supplements either contain ingredients that can be harmful to humans, thus requiring regulation; or they don’t contain anything of value and therefore should be banned from promising any useful benefits.

Every time I see an infomercial or sixty-second spot for weight loss supplements I want to scream. How in 2009 can ads for obviously bogus products run unchallenged on American television? There can be no debate with anyone remotely logical that a pill that promises to take pounds of fat off the human body without exercise or diet does NOT exist. It is a simple impossibility. Yet these organic pill-pushing hustlers are allowed to spend billions of dollars annually on broadcast advertising targeted at those in society least likely to resist -– the truly desperate. And I have yet to meet anyone who bought a house at auction for $300.00. Can you get rich on the Internet in this recession? You bet, but only by selling a fraudulent plan via infomercial that suckers wannabe millionaires.
America is facing a boatload of serious problems right now. War, recession, race relations, drug abuse, trade deficits and rising crime are but a few of the things we need to work on and find solutions for. These issues will take a lot of work from a lot of people. Bogus product advertising is something that requires no new laws, increased budgets or radical thinking – they’re illegal now, we just need to enforce the law. Why the FCC doesn’t just start shutting these crooks down immediately is beyond me. I understand the power of lobbying, but the back room deals involving these guys has been exposed for the sham it is. We need to contact our representatives and demand they insist the FCC do its job. If nothing else, it might help people realize that there is a secret to weight loss and it’s called “diet and exercise.”