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"Peel Away the Pounds" Promoters Fined $1 Million

March 10, 2004
Marketers of the widely-advertised "Peel Away the Pounds" patch have agreed to pay more than $1 million to settle Federal Trade Commission charges that they made false and unsubstantiated weight loss claims.

The FTC complaint alleges that the defendants falsely claimed that the seaweed-based skin patch causes as much as three to five pounds of weight loss per week.

"No non-prescription product will cause meaningful weight loss without diet or exercise," said Howard Beales, Director of the FTC's Bureau of Consumer Protection. "Claims that patches, creams, and wraps can cause substantial weight loss are a ‘red flag' for falsity. Marketers should not make those claims; the media should not run them; and consumers should not buy them."

According to the FTC complaint, the defendants advertised Peel Away the Pounds in an infomercial that aired from June 2002 to January 2003, on several websites and in a print ad. The ads claimed that Peel Away was a remarkable new way to shed excess pounds without strenuous exercise and without being hungry. The ads contained statements such as:

"Simply follow our system: Place Pound A Patch on your upper body. Then carry on with your everyday lifestyle. Every three days peel off the patch and watch as you take off the pounds. Replace with a new patch and drop more pounds. It's that easy."

Throughout the infomercial, individuals who purportedly used the Peel Away patch gave glowing testimonials that attributed their purported success in losing weight to wearing the patch. The infomercial also featured defendant Jesse Starkman, a chemist, who allegedly described the patch's purported ability to deliver its ingredients into the bloodstream and to increase metabolism, suppress appetite, and reduce fat cell production.

The FTC's complaint names patch manufacturer Advanced Patch Technologies, Inc. (APT) and its principal, Salomon Btesh; marketers PAP Systems, LLC, Buckhead Marketing & Distribution LLC (BMD), and their principals, Ralf Leszinski and Nancy Duitch; and expert endorser, Jesse Starkman.

The FTC complaint also names two "relief defendants" – APT principal Bernard Silverfarb, and BMD affiliate Buckhead Marketing Group, LLC. Relief defendants are individuals or entities that did not participate in the alleged deceptive practices, but financially benefitted as a result. The APT defendants are based in Opa Locka, Florida; BMD is based in Los Angeles, California; PAP and BMG are based in Atlanta, Georgia; and Starkman resides in Weston, Florida.

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