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Bogus diet supplements illegal in MA like HCG?

I saw an ad in a free newspaper I got in Boston talking about the HCG diet supplement and offering people money to try the product. I find it hard to believe that the product works as well as the say OR that they will pay people to lose weight. So if it's a scam isn't it illegal for them to sell that stuff and advertise the way they do under Massachusetts law? Thanks.

HCG and other diet products

HCG stands for Human Chorionic Gonadotropin hormone. Believe it or not, the product is collected from the urine of pregnant women.  According the FDA, it does not work.  In fact, the FDA says:

[O]ver the counter HCG products marketed as weight loss aids are unproven and illegal. Many HCG products are marketed to be taken in connection with a very low calorie diet.  It’s the decrease in calories that accounts for any weight loss. There are currently no FDA-approved HCG products designed to help you lose weight. FDA and the Federal Trade Commission have jointly issued warning letters to companies illegally marketing over-the-counter HCG products labeled for weight loss. marketing over-the-counter HCG products labeled for weight loss.

I think it's safe for us to assume that if there really was a miracle product that could help people easily and safely loose weight we would all know about it.  The product would be talked about on the news, the FDA would approve it, and we would all look fantastic on the beach. To your question, I do not know, but would not be surprised if the state or federal government were attempting to crack down on the marketers of the bogus product you saw advertised.  I'm guessing that the people involved are difficult to track down and to take action against.  Similarly, as a consumer you could bring an action under the Massachusetts Consumer Protection Act (93A), and seek triple damages for the unfair and deceptive practices of the people selling and advertising the product, but I think you too would have trouble finding, serving and suing the guilty party.  Also, your damages, even if tripled, would be negligible.  Hope that helps.

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