ICYMI: Ethics group calls on FTC to investigate former Sen. Scott Brown for diet pill endorsement
An organization that targets unethical conduct by public officials has called on the Federal Trade Commission (FTC) to investigate former Sen. Scott Brown.
Last month, Citizens for Responsibility and Ethics in Washington (CREW) filed a seven-page complaint with the FTC asking the commission to investigate Brown for failing to disclose his financial interest in AdvoCare nutritional products after he endorsed the weight-loss regimen earlier this year.
The complaint references a lengthy message Brown posted on his Facebook page, which has over 370,000 followers, in which Brown extolled the benefits of AdvoCare products. “I wanted to answer a few questions that people have had about my recent weight loss,” the message began.
Brown’s post continued by explaining that after friends told him he was “fat, slow and out of shape,” he took the “AdvoCare 24 day challenge” and immediately lost 30 pounds. Brown said he eventually lost 42 pounds – and he posted before and after photos to prove it.
“If you have any interest in learning about Advo care please drop me a note via Facebook or email me at Scottbrowntri@gmail.com,” Brown’s message concluded. “By the way, Gail lost pounds and looks and feels great. Let me know.”
The CREW complaint notes journalists who responded to Brown’s message received email from Brown further endorsing AdvoCare. “The emails asserted that as could be seen ‘from my story and pictures, these products from AdvoCare really do work.’ Mr. Brown said he was ‘here to help you get started,’ and ‘[i]f you’re ready to get your health back on track, allow [Mr. Brown’s son-in-law] Keith and me to get you signed up today!’ “
The complaint also noted that Brown “is or was an AdvoCare distributor. The AdvoCare website listed him as a distributor, which an AdvoCare representative confirmed.” AdvoCare distributors, the complaint explained, can earn income from the company in several ways including discounts, commissions, trips, bonuses and other incentives.
CREW said Brown’s Facebook post and email responses “appear to violate the Federal Trade Commission Act and FTC guidance by failing to disclose his financial interest in endorsing AdvoCare products.”
“The Federal Trade Commission Act broadly prohibits ‘unfair or deceptive acts or practices in or affecting commerce,’ and FTC regulations provide specific guidance on using endorsements and testimonials in advertising,” CREW explained. “Under those guides, ‘[a]dvertisers are subject to liability…for failing to disclose material connections between themselves and their endorsers,’ and ‘[e]ndorsers also may be liable for statements made in the course of their endorsements.’ “
“Mr. Brown, in his Facebook post and emails, has clearly endorsed AdvoCare again and again without disclosing his material connection to the company,” CREW wrote on their website. “The FTC should investigate whether he violated the Federal Trade Commission Act in doing so.”
h/t: MassLive