and steve levy of "wired" magazine will be here to talk about his piece about recent changes on the healthcare.gov website. you can join the conversation on facebook, twitter, and by fobe. tissue and by phone. "washington president obama talks about the capture of a terrorist involved in the bombing of the embassy in libya. television host dr. oz takes questions about things you've made about weight loss. representative chris van hollen and rob portman outlining each of their parties budget priorities. exit the idea behind 250/250 is

instead of trying to tell st. louis by error, we would miss vitally important things. we decided what if we just give snapshots of history that would give people a glimpse of all of the diverse things that have dopened here and they can the rest. 50 people, 50 places, 50 moments, 50 objects and would try to get the most diverse selection that we could. we are in the 50 objects section of 250/250. the object is right in front of you. brewing is such a big part of st. louis history. the most famous became anheuser-busch, the largest in the world. anheuser-busch

talking about millions of barrels produced each year, they're producing so much beer that this is from an era where things were little bits and larry and it's fun to show people this object and gauge their response. in the days for they had cancer bottle caps emma they put corks in the top of bottles and somebody had to sit on this thing and do it right hand. it has the pedals on the bottom where the operator would push you down with his feet to give the cork enough force to go in the bottle and it has three holes for three different sized bottles. >> the history and literary life of st. louis, the gateway to the book tv andan 2 american history tv. >> u.s. commanders have captured the suspected leader of the 2012 attack on the u.s. mission in who kill them pastor chris stevens and other

americans. "the new york times" says the apprehension of the suspect is a major breakthrough in the nearly 2 --year-old investigation. the president spoke about the cap term in pittsburgh. >> i just want to make a quick comment on some news of the day that some of you may have heard. we are all aware of the tragedy that happened in benghazi where four americans including an ambassador were killed in an attack on a consulate office there. i said at the time that my absolute commitment was to make sure that we brought to justice those who had been responsible. yesterday, our special forces, showing incredible courage and precision were able to cap sure is alleged towho

have been one of the masterminds of the attack are. [applause] back now been transported to the united states. i say that, first of all, because we continue to think about and pray for the families of those who were killed during that terrible attack, but more importantly, it's important to send a message to the world that when americans are attacked, no matter how long it takes, we will find those responsible and we will bring them to justice. that's the message i sent the day after it happened and regardless of how long it takes, we will find you. i want to make sure that everybody around the world hears that message very clearly because my first and most solemn duty as president and commander-in-chief is to keep

the american people safe. there are a lot of dangers and challenges out there. our diplomats serve with valor ine courage and some difficult situations. they need to know that this and willas their back always go after anyone who goes after us. making news isy the increasing violence in iraq and the u.s. risk wants. offered support today for president obama to take military action in iraq. house minority whip steny hoyer said they should consider military strikes against advancing forces. dianne feinstein went even further calling for the right the jihadistt marching on baghdad. the former iraq a government would not only further destabilize the pose a direct

threat to interest in the region and beyond. television host dr. oz facing questions from the senate panel today about weight loss products. since 2010, the federal trade money and collected restitution from deceptive advertising about weight loss products and services. claire mccaskill chairs this subcommittee hearing on consumer protection. >> we will take opening statements and then moved to your testimony. this hearing will now come to order. we have all heard and seen the ads promising quick and substantial weight loss if only you take this tale, drink this shake, use this device, apply this cream. all without adjusting diet or

increasing physical activity. it seems too good to be true and, of course, it is. we have a short clip of some of onse ads that have run television, satellite radio, online and in print so i will place so that it's clear what we are talking about today. >> it is called sensa. to take theit on weight off whether you need to lose 10, 50, or more, now you can without dieting. simply sprinkle sensa on, eat all the foods you love, and watch the pounds come off. it's that easy. you lose weight faster and easier than you've ever dreamed possible. >> i lost over 120 pounds with sensa.

>> you may think it's magic or make-believe, but this has scientist saying they have found a magic weight loss cure for everyone. it is green coffee beans. when turned into a supplement, this miracle pill can burn fat fast for anyone who wants to lose weight. this is breaking news. >> millions of you love coffee, but now you will love it or a whole another reason. releaseding newly study reveals that the coffee bean and its purest form may hold a secret to weight loss that you've been waiting for. ais study presented at meeting of the world's largest scientific society triggered unprecedented excitement for a weight loss study showing women and men who took green coffee extract lost an astounding amount of fat and weighed, 17 pounds in 22 weeks by doing absolutely nothing extra in their day.

a magic weight loss being to help melt away unwanted pounds you've been waiting for. >> we also had a satellite radio ad we were going to lay. there it touring their instincts -- they are ignoring their instincts. more than one third of american adults are obese and 70% are either obese or overweight. this familiar story of the obesity epidemic is further colored by surveys finding the desire of americans to lose weight but consistently failing to put in the effort to do so. adults wanted to lose weight while just 25% said

they were serious and working towards that goal. this mismatch between americans stated desire to shed weight and the lack of serious effort can perhaps explain the growth of the u.s. weight loss industry as well as the proliferation of deceptive advertising for weight loss products. the ftc filed its first case claimed in the true romance magazine that "excess fat is literally dissolved away leaving the figure slim man properly rounded giving light grace to the body every man and woman desires." since 1927, more than two and a

50 cases have been filed challenging false and unproven weight-loss claims including just this year, four settlements announced in january and last month, a complaint filed in federal court against the sellers of a green coffee dietary supplement. more than one in 10 submitted are in fact for weight loss product. the problem is much larger than any enforcement agency could possibly tackle on its own. thatholders, companies sell weight loss products, media outlets, other advertising that forms as well as consumer watchdogs must all do their part to help address the problem. they serve as a critical date he for that are well-positioned to keep false and a set of advertising for reaching consumers. orgppreciate trustinads. which represents some of the

largest platforms being here today to discuss the recent report on this issue, the challenges online companies face in addressing false and deceptive advertising and what more they can do. in preparing for this hearing, my staff reached out to a variety of media companies across all mediums to better inerstand industry practices screening and monitoring advertising. i find it troubling that broadcast and satellite radio witnesses who were asked to be here were unwilling to appear. this indicates a there is either something to hide or they don't have a good story to tell. either way, we will not be effective until all stakeholders take it seriously. any otherrtually industry, there are good and bad actors. we will hear from the council of , a tradele nutrition organization, and the better business bureau self-regulatory council on efforts to police itself. we will also hear from dr. mehme t oz.

he is a medical doctor and a host of a very popular daytime show that frequently airs segments on weight loss issues and product and is quick frequently -- and is frequently cited in the marketing of weight loss products. i will have tough questions for you today, intentional or not, in perpetuating these scams. it creates what has been known as the cause of act, dramatically boosting sales and driving scam artist to pop up overnight using false and deceptive ads. while i understand your message is also focused on basics like healthy eating and exercise, i'm concerned you are melding medical advice, news, and entertainment in a way that harms consumers. this subcommittee has looked at a number of scams. cases, theyr resulted in financial losses, which can certainly be devastating, but what makes

these really stand out as they not only result in financial losses but they can potentially put a consumer's health at risk. i hope to hear suggestions about how we can better empower what morewith stakeholders can and should be doing to keep all standard set of ads from reaching consumers in the first place. i look or word from hearing from all of our witnesses and i thank you all for being here. it's no surprise the market is .uite significant i can understand the appeal these products have for many who

are attempting to improve their health and lifestyles. that most ofany these are legitimate making substantiated representation about health benefits and other claims, but unlike any other marketplace, there are bad that erroneousmake widely claims about questionable products. there are also fraudsters and those who seize upon dieting scams to harm members. personally would be suspect of a magic weight loss cure or a miracle pill. that being said, i can understand how a person may question their own assumptions when a person who they believe has credibility on the issue makes a claim about any particular product. that's why am pleased we are joined by the associate director for the division of advertising practices within the ftc bureau

of consumer protection. i applaud the work to shut down the scam artists and i look forward to learning more about the commission's success in bringing a series of cases under the agencies existing section 5 authority against a number of companies engaged in deceptive advertising of weight loss products. i also looked forward to how they are applying be basis standard for claims. including weight loss and whether it considers it to be reliable evidence to back certain claims. the standard has traditionally been a flexible one, it's no secret that i have looked for more stringent requirements. it's an open question as to whom these new substantiation requirements are meant to applaud or if they are following their own procedures and requirements and whether this standard is consistent with constitutional protection of free speech. i would also like to welcome dr. oz. show" debuted in

2009 and reaches roughly 3 million viewers daily. i will want to know what steps he takes to provide accurate claims. he does not endorse particular product and he has been the subject of unscrupulous entities using his image and advertising without his permission. much has been written about the so-called black or oz effect. demand for ingredients bike after they are featured on his show -- about the so-called dr. oz effect. rose 12,000%pots after his show. it is this popularity that may have influenced a florida-based company to enter the market in green coffee bean extraction, something he referred to as a miracle pill that can burn fat

fast. this company is now the subject of action brought hide the ftc that is currently pending in federal district court for unfair and he said it claims with regards to this product. i would also like to welcome our other witnesses from the better business bureau, the council for responsible attrition, mr. rob andelson from trust in ads from the natural products association, i thanked all of you for being here today. thank you again, madam chair, for holding this hearing. i look forward to testimony and answers to some of our questions. >> i think my calling did a great job of introducing everyone smiley do this quickly. the us is the director for the division of advertising practices bureau of consumer protection at the consumer protection. oz and host of the

dock or oz show. dan the ceo of advertising self-regulatory council, council of better business bureau of new york. mister or meister? council for responsible nutrition based here in washington. executive director of trust in daniel,dock your national products association. we will begin with your testimony. will have you on a clock, which i'm sure you understand. i know you understand about the clock, but we are not strict about that. if you feel the need to go over, we don't have a problem. the entirety of any written testimony will be included in the official record.

welcome. >> good morning. madam chair and members of the committee, i'm the associate director for advertising practices at the federal trade commission. i'm pleased to have this opportunity to regard information to combat fraudulent weight-loss advertising. as you know, the united date is facing an obesity epidemic. nearly 70% of american adults are overweight or obese. they are contributors to chronic diseases and health care cost and present a serious health care challenge. it is not surprising there is strong interest in products that lame to promote weight loss. where there is strong consumer interest, fraud often follows. in the 2011 survey of consumer fraud, we found more consumers were victims of fraudulent weight-loss products than of any of the other specific frauds we survey.

the foundation is to eat a healthy, calorie controlled diet and increase activity. promoting easy weight loss without changes to lifestyle the turk and soon was from making these tough but necessary changes. filed its first weight-loss case way back in 1927 and we have filed another 250 challenging false and unproven weight-loss claims. in the past 10 years, the commission has brought 82 law enforcement actions challenging false or unsubstantiated claims about the effectiveness of a wide variety of weight loss products and services. the commission has collected nearly 100 $7 million in consumer restitution for the weight-loss claims. our recent cases highlight how

the agency have focused enforcement are your days on large national advertising campaigns for a creative range of weight-loss product with unproven benefits. operation failed resolution announced after the new year targeted the newest weight loss had with ocular ingredients, food additives, human hormones, skin creams. and one failed resolution case, consumers were urged to shake 90 poundslose 30, 40, or more without diet or exercise. in another, the cream is touted as having body slimming capabilities that could trim in weeks. consumers with a taste for rare might try liquid homeopathic hcg drops to lose a pound per day. each of these resulted in a settlement with the ftc and they were ordered to back any future weight-loss claims of love

conducted human clinical studies. despite this long history of ftc enforcement, weight loss fraud persists because this is an area where consumers are particularly vulnerable to fraud and there is an enormous amount of money to be made. people intent on committing fraud will gravitate toward the money is. we have noted disturbing developments with respect to weight loss advertising. the reliance on erroneous or fabricated data. this was true in our case against sent some in the earlier case involving skectcher's toning shoes. endorsed fads. shows how these marketers of the peer green coffee dietary supplement capitalized on dr. oz happening featured it on his show and calling it magic and a miracle. productsumers see

praised by host they trust, it can be difficult for them to listen to the internal voice telling them to beware. long soughtwe have the partnership of the media to screen deceptive ads before they run. our recently issued gut check guide sent to media outlets advises the media on seven weight-loss claims that experts say template cannot be true and the media should think twice about before running. today, we launched a new online interactive quiz. i want to thank the committee for focusing attention on scams and giving the ftc the ability to describe its role.

we will continue our efforts to pursue the perpetrators, work with the media to help prevent fraudulent ads from running and educate consumers that trust the gut instinct to be a strong mechanism. thank you and i would be happy to respond to any questions. >> thank you. dr. oz. >> thank you, members of the committee, for convening this hearing and for allowing me to test i've. consumer scams and frauds have plagued me since i first started in media long before my talk show in 2009. and moneynt time trying to prevent in the problem has only increased exponentially. i'm encouraged the senate has decided to prioritize this criminal enterprise and believe the contributions of other witnesses will help together with collective brainpower doused the flames of this uncontrolled wildfire in the interest of protecting the consumer.

after he finished training in thomas iut a decade practice cardiothoracic surgery at columbia university. i've performed thousands of surgeries on patients who had been ravaged by obesity. we needed to better educate people on how to take better care and i went into public life and effort to teach. i started as a guest on the oprah winfrey show and had first experiences with spam advertising at that time. there was not anything special about my description of them but comingmediately had ads up using pictures of us claiming that we were supporting these products and selling them. a civil suit against the companies making these ads despite the expense and law enforcement operation, it had very little impact. this has grown dramatically in sophistication and scale and i'm forced to defend my reputation every single day. they take money from trusting

viewers, many believe i'm selling the items. i have never sold supplements. out of sheer frustration, i have taken a number of measures to protect my viewers. i accept responsibility that the passionate language i used to describe supplements is fodder for these advertising in my show is editorial. we have been more stringent and presenting opportunities and have had opposing voices. this has had no discernible impact and they can still select a single phrase without this context and continue profiting unimpeded. the clip at you showed and others similar, i will always mention about the fact that these are designed for short-term support and you will not get there without diet and exercise. i have devoted numerous shows to cover the anatomy of a scam. i've launched a campaign called its not me and used media partners to show the coverage.

the last thing i say to the viewer and tell them is i don't sell anything and if they see my name or picture involved in an advertisement, don't buy it. you will see me saying it at the very end. we also created a way for viewers to report violations and scams. had 35,000 complaints and we hired a private company to police the web and has issued more than 600 cc and assist letters. desist. and the onlywere using my name but providing a 10% of the active ingredient. whether it works or not is a separate issue if the product is not in it. last night i went online and i was till able to purchase this product if i wanted to.

it's a shameless series of perpetrators we are dealing with. i do believe that working together will achieve a lot more. before offering any suggestions, let me address the criticism that my show may be fueling the problem. i am respectful of these criticisms and i encourage a nation searching for answers to their health woes. it affects about two thirds of the population and the only lessge i gave was to eat and move more. we would not be very effect did the challenge this because viewers know these tips and they still struggle so we search for tools and crutches for people to jump start their programs. these are commonly used in other countries and other parts of the world or traditional chinese media. we use cleanses by promising offers. many of these are controversial. i would rather have a conversation on this material on my stage than in back alleys.

it's a conversation we are still having especially for you can give them the boost. today is not a referendum on complementary medicine and we're not here to decide if vitamins or supplements make sense. internet scams and fraud will begin to end even with those with jurisdiction amplified enforcement with a public-private effort encouraged including everyone on this panel in front of us including legitimate product manufacturers and media outlets like mine. i feel passionate about doing this and i want to play a role. i will not cover suggestions, but i would like to offer some thoughts later on about how we can create a registry to incentivize whistleblowers and maybe create a private-sector funded bounty to help with this very challenging task.

>> i appreciate the opportunity to testify on the ongoing work of the advertising industry self-regulatory system, particularly as it applies to weight-loss advertising. it is comprehensive and it applies to all national advertisers in all media. it is transparent. all decisions are publicly reported. companies that do not participate in the process or do not follow the recommendations are publicly referred to the appropriate government agency, usually the federal trade commission. we work on a case-by-case basis monitoring questionable claims and practices and we apply

ftc-type standards to those claims. each year we issue almost 200 decisions on a wide variety of issues including about one dozen last year that addressed advertising of weight-loss claims that required the companies to stop or modify the ads in question. self-regulatory claims for weight-loss products include technical, easy to remedy disclosure questions to questions about the ability -- the validity of underlying studies. for garciniacision cambogia that it had aided with four times weight-loss and exercise. how to lose 28 pounds and one month with the healing cleanses recommended by dr. oz. resulted in

specific studies support for the weight-loss claims. the advertiser told us the special report but i referred to earlier was posted by an unauthorized third party and the advertiser immediately took steps to take the report off the internet. we determine the remaining specific product performance claims should be discontinued in their current form. the advertiser fully cooperated with the review and agreed to discontinue the claims as to about 90% of the companies who participate in the process. we had a very similar case with one of the other ingredients popular in this area, raspberry ketones. our casework complements that of the better bureau system and protecting consumers. we handle hundreds of review cases including claims associated with weight off products and services. to resolve claims about business practices that are uniquely positioned to

identify local and national scams as they emerge and warn consumers about them. we are a major outlet for the educational material they described because we have over 100 better business bureaus located across the country. last year, better business euros handled hundreds of complaints about weight loss products and services including a growing number about weight loss clinic. often find they are also assumes you did with rob maddock billing practices and autoship programs underscoring the adage that misleading claims frequently lighten only the consumer's wallet. these are consistent with those observed by st. louis bbb except that the st. louis bbb has not seen the rise in the number of ads in that particular jurisdiction.

self-regulation works only if it has the support of the industry and the government. two associations in particular, the electronic retailing association, and the council for responsible nutrition, have stepped forward to provide the types of no strings attached funding that allows us to do our impartial monitoring and decision-making work. although there is no formal , decades of support by the federal trade commission have been absolutely critical in the success of the process. although there have been significant efforts by federal and state government to control and substantiate exaggerated claims, more can be done, obviously. one thing i think everyone agrees on is the type of state and federal enforcement actions the ftc have been bringing our thiscal to controlling type of advertising.

in addition, trade associations whose members include weight-loss industries need to follow the example set by the electronic retail association and the council for responsible attrition and step up in monitoring the marketplace. it's good for business and consumers. renewed effort to enlist consistent support of the media in guarding against the most egregious types of claims is a key step. run casters have fairly sophisticated processes for network ads. similarly, google has introduced a new approach to add screening tailored to that specific new media. there are lots of other media outlets, independent channels, cable television, satellite radio, and radio that are not doing as much.

if i took the product i would never have to diet again. the return address was for a po box. was a regulatory trifecta. a spam e-mail for a red flag claim no one can substantiate with a seller no one could find. thank you. mr. mister. mike's i'm the president and ceo of the council for responsible nutrition. -- >> i'm the president and ceo for the council responsible nutrition. we empathize with the many americans vulnerable to false promises for losing weight fast with everything i am bracelets,

sprays, creams, exercise gadgets, dietary supplements. collectively, americans spend or the billion dollars a year to lose weight. dietary supplements and meal replacements are 5.3 billion dollar per year industry, a small fraction of the total but a significant part. we want to be clear there are a number of dietary ingredients used in weight-loss supplements when combined with moderate exercise and sensible eating that have been shown and well conducted clinical trials to be safe and beneficial for weight management. this requires that all supplements must have substantiation for their claims including claims of weight-loss. fda regulation for labeling established a detailed approach adequateconstitutes substantiation which requires of the claims be supported by well and human trials with

statistically significant benefits. along with consumers who are due by these false and misleading claims, the responsible supplement industry who complies whenstands to lose unscrupulous marketers take advantage of misleading ads. i'm here today to reinforce the members toof crn's address these scams and frauds in the marketplace. the reality is that it is a tale of two industries, legitimate manufacturers who responsibly produce products that work and make claims within the bounds of the law and on the other hand the unscrupulous players who and on consumer desperation the insatiable desire to be thin and will take anything to make a quick profit. crn has publicly supported and

will continue to applaud the numerous enforcement actions brought by the ftc in recent years and the more than $438 million in restitution and civil penalties assessed against the sect of advertising with respect to weight loss product since 2004. line and morest recently failed resolution and its media awareness campaigns help removeck misleading claims, but they also alert the public while sending a message of deterrence through the industry. we applaud them for that. agever, in this internet along with the proliferation of cable television, talk radio, online media, and the increasing pressure for print revenue, there is insufficient resources to combat the number of the sub claims in the market. eager toa outlets

accept advertising dollars will turn a blind eye to advertising copy that clearly violates the law and deceives consumers. crn began a self-regulatory program to help self police the advertising claims of dietary supplement marketers. crn has committed over $2 million to underwrite this program which is already investigated 200 challenges of the claims made by supplement marketers. i'm proud of the track record of for achieving a high rate of industry participation and for the precedent it sets with these decisions to determine others from making similarly fraudulent claims. crn members are committed to safe product and ensure that they receive true, accurate information on these products.

we believe the challenge for legitimate weight-loss product americanially this -- consumers unrealistically yearned for a magic bullet and unscrupulous marketers will take advantage of this with promises. like a successful weight loss program, the solution is not easy. significant or step should include increasing resources and priorities for enforcement of the existing legal requirements by both the df tc-- the ftc and fda. calling on media outlets and online retailers to conduct their own advertising clearance before accepting ads with claims that are illegally and simply too good to be true and finally educating consumers to be realistic about their weight-loss strategies and expectations to make them less vulnerable to a and unsupported claims. thank you for the opportunity to share our views with the committee. [no audio]

>> chairman mccaskill, ranking member heller, distinguished members of the committee, thank you for the opportunity to testify about trust in ad's these. to combat i will testify how member companies are incentivized to keep dad ads out of our system. i will also note how there's investing and have already removed bad ads from the service. facebook, google, yahoo!, and twitter. we want to protect people from malicious online ads and a set of practices. we are bringing awareness about online ad related scams working collaboratively to identifying trends in deceptive ads and best

actresses, sharing your knowledge with policy makers and consumer advocates around the country. s.org as the regular release of what we call the bad consumers alert, friendly and easily digestible reports that examine trends that we are seeing and provides examples of bad ads and websites they should remove from their platforms. we highlight steps to combat the problem and gives useful tips on how to make good choices online. our website also includes a dedicated age where people can easily reported suspicious ad on any of the websites. report released in may details ads for phony tech-support services and we released our latest report for dietary supplements. member companies have allocated significant resources to keep

dad ads off the platforms ensuring a positive user experience, essential to maintaining a vibrant ecosystem. the sale of numerous weight loss products is seen across all mediums. , radio, and the web. while some provide accurate and true information regarding overall effectiveness, some bad actors market products with outrageous claims and promises of dramatic weight loss. to use actors attempting online advertising, these kind of claims violate member companies policies and existing laws aimed that protect and consumers. we applaud federal agencies for recognizing the weight-loss scam program -- problem and aims to educate. the ftc's consumer education website has an entire site

devoted to weight loss and .itness it debunks their claims. online critical for advertising companies as well. collectively, hundreds of individuals on respect hiive to preventingd this illegal activity. most of these types of ads never reach of the user and are immediately rejected or automated filtering as soon as submitted. they are immediately removed in the advertiser account is reviewed. temporary or permanent suspension is considered depending on the severity of the violation. it also plays an important role in bad ads. we carefully review consumer complaints and quickly take action when warranted.

over the course of 18 months, aol, google, facebook, twitter, yahoo! have rejected over 200 million ads related to weight loss and dietary supplements due to numerous policy violations. all stakeholders are working hard to stop these ads, some of these sophisticated scammers fallingh to find ways within the guidelines and circumvent the automated filters. aol, facebook, google, twitter, to helpo! are committed protect users across the web. we can make me web base a for place for everyone. thank you for this opportunity to testify. haralson.ou, dr. >> thank you, madam chair, members of the committee. thank you for this opportunity

discuss this. we're the oldest and largest trade association in the natural products industry and we represent thousands of retailers, manufacturers, distributors and dietary supplements, personal care and millions of americans who you supplements each year. owners, small business many have gone into this business because they want to help people live truly helpful lives. always consult with your health-care care provider and dietary supplements are pop of a dutch part of a broader, healthier lifespan-- supplements are part of a broader, healthier lifestyle. it's a advertising is illegal and should not be tolerated. we are especially concerned about fraud on the internet. we were founded by brick-and-mortar retailers and not internet only fly-by-night firms. public trust is one of the

reason that natural products are in such high demand. no one has more of an interest in weeding out these than our members because it only diminishes their integrity. atbers report questionable claims so they can be disciplined. if you see something, say something. questionable ad claims are viewed by a committee of industry attorneys to determine to take action. the first is being mailed cease and desist letter that i have attached my testimony. the second is potentially fraudulent advertising or disease claims. since the program began, it has resulted in 446 letters to such firms. 320 acknowledged and made corrections. the remainder were submitted to the f ea and ftc.

partnerships that we do depend on central authorities to provide enforcement action. for consideration and areas of concern. finally being used for the first time. using tools like mandatory recidivism in making disease claims. that deceive with regards to weight loss. they developed the current and ample authority but we're still wrestling with internet advertising to dan fly-by-night issues. we believe the ftc should consider using existing authorities to be more agile and disciplinary companies without regard to the revenue. more aggressive enforcement needs to be just as important as

large-scale enforcement. currently using misdemeanor those alreadyor under consent orders and those who violate other laws. we don't see much use of these tools. perhaps at the expense of more any sizey muscle for or revenue stream. if they do not act intake down fly-by-night's early in the game, more will be tempted to get into the game. lastly, when we support the mission, we are concerned with recent development to consent orders. it is not meant to be applied industrywide. we are seeing some evidence of a reduction inve quantity and quality of information about product available to them. changes move, it

is not beneficial to anyone. one example is the apparent new requirement that additional studies and research are necessary prior to advertising like the requirement for two double-blind studies. legal orot current statutory requirement. this is not only outside of the statute but an unnecessary and inefficient use of resources that could is incentivize -- disincentivize. if such standards are applied generally, a currently required would be prohibited from sharing that information from consumers. this results in less information being available, not more, and effectively changes the rules in the middle of the game. this could constitute a possible first

amendment issues. we would like to work with the ftc and others to address these concerns and improve. thank you for holding this hearing. we will have questions and we have votes beginning and a little less than an hour. hope lee everyone will have an opportunity for two rounds of questions. i cannot figure this out, dr. oz. i get that you do a lot of good on your show. i understand that you give a lot of information that's great about health and you do it in a way that easily understandable. you're very talented. you are obviously very bright. you have been trained in science-based medicine. here are three statements you made on your show. you may think magic is make believe that this little been as scientists saying they found the magic weight loss cure for every

body type in green coffee extract. " i got the number one miracle in a bottle to burn your fat, raspberry ketone." " it may be the thing you've been looking for to bust your body fat for good." i don't get why you need to say this stuff is you know it's not true. why when you have this amazing megaphone in this amazing ability to communicate, why would you cheapen your show by saying things like that? >> i could disagree about whether they work or not and i will move onto the issue of the words i used. coffee bean extract as an example. i will not argue that it would pass fda muster if it was a pharmaceutical drug seeking approval, but among the natural product out there and has several clinical trials and one large one done the year that we

talked about this in 2012. about thato know clinical trial. the alley when i know is 16 thele in india paid for by company. at the point in time you officially talked about this being amerco, the only study out there was the one with 16 people written up by the company producing it. or fivee the four papers plus a series of basic well.e papers as senator mccaskill, we could spend a lot of time arguing the benefits. many thing we say with regards to your diet, should you be on a low-fat diet, low carb diet? i recommend a low-fat diet but we have come full circle and no longer recommend that. not workingit was for patients. it is remarkably complex, as you

know, to figure out what works for most in a dietary program. ideas, at new challenging orthodoxy, and evolving. these are clinical papers. we argue about the quality of them and that's justifiable. i can pick apart the benefits as well, but at the end of the day, real people having undergone trials. in this case, actually gave it to members of my audience. >> the trail you did with your audience, you would not say that would never pass scientific muster. publish theever paper. that was not the purpose. it was for me to get a thumbnail sketch of it was worth talking about or not. i don't think this should be a referendum on the use of alternative medical therapies. i've been criticized for having folks on my show talking about the power of prayer.

as a practitioner, i cannot prove that prayer helps people survive. >> you don't have to buy prayer. >> that's the difference. >> prayer is free. >> that's a good point. i see in the house will when folks are feeling discomfort, it lightens their burden. my show is about hope. as he very kindly stated, we have engaged millions of people including programs with the cdc to get people to realize there are different ways to rethink their future. their best years are not find them but in front of them. they actually can lose weight. i actually do personally believe in the items i talk about on the show. i passionately study them. i recognize they do not have the scientific muster to resign last fact. i give the audience the advice i give my family all the time and i've given my family these

products. i'm comfortable with that part. i do think i've made it more difficult in an attempt to engage viewers, i use flowery language that was very passionate but ended up not being helpful but incendiary and it provided fodder for unscrupulous advertisers. the clip that you played, over two years old, i've done hundreds of segments since then, we have specifically restricted our use of words. talkedoduct i've never about on the show that i feel very strongly about because i know what will happen. on a southow american root with a big study published on it where they showed not only did it help people lose weight but help their health, men and women diabetic. it was not funded i industry.

we talked about it and i used as careful language as i could and still, internet scam ads picking supportive words. of course i did. >> listen. i'm surprised that you are to do ag -- i'm trying lot of research in preparation for this trial and the scientific community is almost monolithic against you in terms of the efficacy of the product that you call miracles. when you call a product a miracle and it's something you can buy that lives people false hope, i don't understand why you need to go there. you have so much you can do on your show that makes it different in controversial enough that you get lots of views. i understand you're in the business of getting viewers but theplore you to look at list the ftc put out on the gut check.

it's very simple. cause of weight loss more than two pounds per week, weight loss the matter how much you eat, permanent weight loss, busting you look at those seven and you spend time on your show telling people these are the seven things you should know, there is not magic inamed wattle -- magic in a bottle. root thatof magic will make it not matter you are not moving in eating a lot of sugar and carbohydrates. do you disagree with any of the seven? crocs senator, i know the seven. i say those things on the show all the time. >> then why would you say something is a miracle in a bottle? >> my job on the show is to be a cheerleader. when they don'fe