"It is resolution time again, isn't it?" said FTC Chairman Deborah Platt Majoras. "We're implementing our resolution to fight back against companies that use deceptive advertising claims." Some of the products marketed their claims through infomercials or celebrity endorsements. The late Anna Nicole Smith, for example, endorsed TrimSpa. "Testimonials from individuals are not a substitute for science," Majoras said. "And that's what Americans need to understand."

The FTC investigated a variety of claims, including rapid weight loss and reduction in the risk of osteoporosis, Alzheimer's and even cancer, Majoras noted. A fine of at least $8 million was levied against the marketer of Xenadrine EFX, made by New Jersey-based Nutraquest, Inc., formerly known as Cytodyne Technologies. The marketer was identified as RTC Research & Development, LLC, based in Manasquan, N.J. Majoras said Xenadrine EFX had a study showing that people who took a placebo lost more weight than those taking the pill.

The FTC's investigation also found that consumer endorsers lost weight by engaging in rigorous diet and exercise programs. A $12 million fine was assessed against Window Rock Health Laboratories, based in Brea, Calif, the marketers of CortiSlim. Majoras said CortiSlim falsely promised that all users would see permanent and fast weight loss and that its TV infomercials were "deceptively formatted" to appear as talk shows rather than ads.

The Bayer Corp., based in Morristown, N.J. will pay a $3.2 million civil penalty to settle the claims. The FTC said Bayer marketed One-A-Day WeighSmart with unsubstantiated claims including that it increases metabolism. Bayer violated an earlier FTC order requiring all health claims for its One-A-Day brand vitamins be supported by competent and reliable scientific evidence.

Marketers of Xenadrine EFX and CortiSlim did not return telephone calls for comment. Bayer disagreed with the FTC's description of the company as a marketer of a weight-loss pill. "It's a multivitamin," said Tricia McKernan, spokeswoman for Bayer HealthCare's Consumer Care Division. "We don't market ourselves as a weight-loss product." Rather than go through the expense of litigation, Bayer decided the way to "close this issue" was to settle, McKernan said.

Some of the fines could be returned to consumers who purchased Xenadrine EFX and CortiSlim. The marketers of the other two drugs paid civil penalties. Consumers who purchased Xenadrine EFX and CortiSlim from the marketers will be contacted by the FTC about getting their money back. People who bought the pills over the counter will have to wait for the agency to put up a public notice on its website telling them how to recoup money.

The bottom line when looking at any supplement or product recommended by someone is to check out the research behind it. Most of the time there is no research. Some of the time there is internal company research. But very rarely is there good scientific-based research.