FDA's 1-800-GET-THIN warning follows L.A. County official's complaint

The Food and Drug Administration has ordered 1-800-GET-THIN, the company behind the ubiquitous advertising campaign for Lap-Band weight-loss surgery, to take better steps to warn consumers about risks associated with such procedures.

The move, in an FDA letter to eight California surgical centers and the marketing firm 1-800-GET-THIN, comes one year after Los Angeles County's public health chief, Dr. Jonathan Fielding, asked the FDA to take action.

In a December 2010 letter, Fielding said "advertising of this medical device by 1-800-GET-THIN ... inadequately informs consumers of potential risks."

Since 2009, five patients have died following surgeries at centers affiliated with the ad campaign. A series of lawsuits blamed the deaths on mistakes by the surgery centers and doctors who performed the surgeries.

An attorney for 1-800-GET-THIN filed a complaint against Fielding with the county, contending that the county official had a conflict of interest because he's a former executive and a shareholder of Johnson & Johnson, which competes with Lap-Band manufacturer Allergan Inc. in the gastric-band market.

Fielding said he wasn't aware when he wrote to the FDA that Johnson & Johnson, where he worked in the 1980s, makes gastric bands. Regardless, he said, he would delegate any issues related to weight-loss devices to members of his staff.

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-- Stuart Pfeifer and W.J. Hennigan
Twitter.com/spfeifer22 and Twitter.com/wjhenn

Photo: Paula Rojeski died Sept. 8 after having Lap-Band weight-loss surgery at an outpatient clinic in West Hills, officials said. She was the fifth person to die in the last two years after having surgeries at clinics that, according to wrongful-death lawsuits, are affiliated with the 1-800-GET-THIN ad campaign. Credit: Marni Rader

FDA accuses 1-800-GET-THIN centers of deceptive advertising

Weight loss surgical centers affiliated with the 1-800-GET-THIN marketing campaign have been accused by the U.S. Food and Drug Administration of misleading consumers about the risks of the Lap-Band device used to treat obesity.

On Tuesday, the FDA announced that it has taken action against eight California centers by issuing warning letters because Lap-Band is a restricted medical device that is being misbranded because of allegedly deceptive advertising by the centers.

In a news release, the FDA announced that it warned that the organization’s billboards and advertising inserts used by recipients of the warning letters “to promote the Lap-Band procedure fail to provide required risk information, including warnings, precautions," and possible side effects.

Steve Silverman, director of the Office of Compliance in the FDA’s Center for Devices and Radiological Health, said in a statement: “The FDA takes seriously its responsibility to protect consumers from products promoted without adequate warnings. It's particularly troublesome when advertisements don’t communicate the serious risks associated with medical devices."

Five people have died since 2009 after Lap-Band surgeries at clinics affiliated with the 1-800-GET-THIN campaign, according to lawsuits, autopsy reports and interviews.

In all, the FDA sent letters to Bakersfield Surgery Institute Inc., Beverly Hills Surgery Center, Palmdale Ambulatory Center, Valley Surgical Center, Top Surgeons LLC, Valencia Ambulatory Center LLC, Cosmopolitan Plastic & Reconstructive Surgery, San Diego Ambulatory Center LLC and 1-800-GET-THIN LLC.

[Updated at 11:53 a.m.: 1-800-GET-THIN, the ubiquitous marketing campaign on billboards, television and the Internet, has led to a surge of Lap-Band weight-loss surgeries in Southern California. More than 100,000 people called 1-800-GET-THIN in its first 15 months of business, leading to more than 10,000 scheduled surgeries, the marketing company said in a trademark lawsuit.

The Lap-Band, manufactured by Irvine-based Allergan Inc., is a silicone ring that is surgically implanted around the stomach to discourage overeating. The surgeries vary in cost — ranging from $12,000 to about $20,000 by some accounts — and often are covered by insurance.

The patients' deaths and injuries have led to a series of wrongful-death and personal injury lawsuits against 1-800-GET-THIN, its affiliated surgery centers and doctors who performed the procedures. Allergan is not affiliated with 1-800-GET-THIN.

Another lawsuit, seeking class-action status, accuses 1-800-GET-THIN of false advertising, saying the ads failed to provide adequate warnings about the risks of the surgery. Wrongful death lawsuits allege that two brothers, Julian and Michael Omidi, were part of a "joint venture" that included the surgery centers and the 1-800-GET-THIN marketing firm.

Both Omidis have been disciplined by the state medical board over issues unrelated to 1-800-GET-THIN, according to state records.

Michael Omidi did not return a telephone call seeking comment. His attorney, Robert Silverman, also did not immediately comment.

1-800-GET-THIN and the Omidi brothers have filed a series of lawsuits against The Times, its journalists and website commenters over past coverage of the surgery deaths. Judges have dismissed three of the lawsuits and ordered the plaintiffs to pay The Times' legal expenses and fees in two of the cases.]

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-- W.J. Hennigan and Stuart Pfeifer

twitter.com/wjhenn and twitter.com/spfeifer22

Photo: The 1-800-GET-THIN marketing firm promotes Lap-Band surgeries on Southern California billboards as well as on TV, radio and the Internet. Above, a pair of billboards in 2010. Credit: Glenn Koenig / Los Angeles Times

Volkswagen's 'The Force' tops AdWeek list of top 10 TV commercials

 

It’s not even December yet, but the end-of-year lists are starting to roll out. Among the first: the 10 best commercials of 2011, courtesy of AdWeek.

The rankings include several auto ads (such as the Chrysler plug set in Detroit starring Eminem) as well as spots featuring topics du jour such as zombies (for the Dead Island video game) and the environment (from Chipotle and the Nissan Leaf).

But the classic combo of critters and children is still a favorite. See the talking sharks from Snickers, the talking bearskin rugs from Canal+, the cats with thumbs from Cravendale … oh, and the cute kid from Google Chrome.

The best-in-show went to a Volkswagen ad that went viral in February after debuting during the Super Bowl, so far attracting more than 44 million views on YouTube. “The Force,” from the Los Angeles arm of ad agency Deutsche Inc., featured a child in a Darth Vader suit working his magic on his father’s remote-controlled Passat. 

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-- Tiffany Hsu

Video: Volkswagen

NBA lockout is a boon for Chinese basketball league

It may not have the same cachet as a Los Angeles Lakers and Boston Celtics match-up, but the Guangsha Lions' double overtime season-opening victory over the Tianjin Gold Lions on Sunday may be a sign of good things to come for the Chinese Basketball Assn.

Blessed by the NBA lockout, the struggling league has opened its checkbook to American free agents that should help snare a larger following in the biggest basketball-loving country in the world with an estimated 300 million fans.

One of the newest additions, Wilson Chandler, scored 43 points and grabbed 22 rebounds to lead the Golden Bulls on opening day. The former Denver Nugget, who signed for $1.7 million, averaged only 15.3 points per game last season in the U.S.

“Chandler seemed to have basketball god in him when he beat Tianjin all by himself. It was so easy for him. Just like a practice,” wrote a micro-blogger named Gechao on the popular Twitter-like service, Sina Weibo.

Other arrivals include another former Nugget, J.R. Smith, who inked a record $3-million contract to play for the Zhejiang Golden Bulls and 11-year NBA veteran Kenyon Martin, who signed a $2.6-million deal to play for the Flying Tigers in the western province of Xinjiang, better known for its ethnic strife and government crackdowns.

The Washington Wizards’ Yi Jianlian is also returning to his home country to play for the defending CBA champions, the Guangdong Tigers. 

They join established stars in the league such as former Dallas Maverick James Singleton and former two-time all-star Stephon Marbury, who has an almost cult-like following in China. The Beijing Ducks’ starting point guard has more than 140,000 subscribers to his micro-blog, where he posts pictures of himself riding the city’s subway.

Already, the CBA has raised its number of corporate sponsors from 16 to 22 this season, and the national sports broadcaster  CCTV5 has increased the number of games it shows each week from three to four to make up for the lost weekly NBA game.

That’s a huge boost for a largely hapless league that was reportedly losing an average of $18 million a season and had to cut the 2009-10 season short by 18 games to save about $9 million (the recent contracts handed to former NBA players were provided by a handful of richer teams that have strong sponsors such as banks and coal mine bosses).

China has long been mined by the NBA and sneaker companies for its market potential. Players such as Kobe Bryant often visit on promotional tours. Ron Artest, Shane Battier and Jason Kidd endorse Chinese sneaker brand Peak. One of the main reasons Marbury decided to play here was to push sales of his footwear line, Starbury. 

It remains to be seen if more NBA players are willing to make the move east. Bryant was rumored in August to have been eyeing China, and Guangsha is reportedly wooing free agent center Tyson Chandler.

Those that do come will have to overcome vast cultural differences that famously confronted not only Marbury but Bonzi Wells. The former Portland Trailblazer was averaging more than 40 points a game for the Shanxi Brave Dragons in 2009 but never returned to the team after taking holiday only 14 games into the season.

“It was a big cultural shock for me,” he later explained.

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--David Pierson

Twitter.com/dhpierson

Photo: The Chinese basketball team's captain, Wang Zhizhi, is thrown into the air as the team celebrates its win in the gold medal basketball game against South Korea in the Asian Games last year. Wang plays for the Bayi Rockets in the Chinese Basketball Assn. Credit: Wong Maye-E/Associated Press.

Consumer Confidential: GM probe, Starbucks charge, toy time

Here's your me-and-Mrs.-Jones Monday roundup of consumer news from around the Web:

--Heads up if you drive a GM car. Federal safety regulators are investigating problems with the automatic shift levers on several General Motors vehicles that have caused at least seven crashes. The National Highway Traffic Safety Administration says the probe began with complaints about the Saturn Aura mid-size car from the 2007 and 2008 model years, affecting nearly 89,000 vehicles. But the agency is now checking to see if the problems extend to other GM vehicles. The Chevy Malibu from the 2004 to 2008 model years and the Pontiac G6 from the 2005 to 2008 model years have similar shifting systems, the agency says. GM says it's cooperating with the investigation.

--Starbucks is no longer charging extra for some coffee beans. The company has stopped tacking on a surcharge for bags of coffee beans weighing less than a pound after a Massachusetts consumer-protection agency fined the company over the practice. The Massachusetts Office of Consumer Affairs and Business Regulation found in August that the coffee giant wasn't notifying customers that it was adding a surcharge of about $1.50 for bags of beans weighing less than a pound. That meant beans listed at $11.95 per pound ended up costing $7.45 for a half-pound -- not $5.98, or half the price. Starbucks quietly stopped adding the surcharge nationwide Nov. 7.

--Because it's never too early to think about holiday shopping, here's the word from Toys R Us: The company will kick off its Black Friday sales an hour earlier this year, opening its doors at 9 p.m. on Thanksgiving evening. Toys R Us will be one of several stores opening on the night before Black Friday. Last week, Wal-Mart said it would open at 10 p.m. on Thanksgiving night. Toy deals will include a free $50 gift card with the purchase of any Apple iPod touch; LeapFrog Leapsters for $24.99, marked down 50% from the regular price; 40% off Ultimate Optimus Prime Transformers, which are usually $79.99; and 10 Squinkies packs for $10, which are regularly $2.49 each. And I know I'll get in trouble for asking this, but what's a Squinkie?

-- David Lazarus

Photo: GM cars are being investigated for possible shifting problems. Credit: Jeff Kowalsky/Bloomberg News

Consumer Confidential: Bank Transfer Day, hoodia settlement

Here's your fight-the-power Friday roundup of consumer news from around the Web:

--Have any plans for Saturday? How about sticking it to your bank? Nov. 5 is Bank Transfer Day, organized by Kristen Christian, an art-gallery owner in California who is using Facebook to invite people to shift their funds from for-profit banking institutions to not-for-profit credit unions. As of Thursday, nearly 36,000 Facebook users "like" the concept while more than 73,000 indicated they will be taking matters into their own hands. An estimated 650,000 consumers have joined credit unions nationwide since Sept. 29, according to a statement from the Credit Union National Assn., a credit-union advocacy group. That’s the day Bank of America announced its now-aborted $5 debit-card fee.

--If you've been thinking about taking hoodia to help lose weight, don't bother. The Federal Trade Commission says it's settled a case against two companies which hyped weight-loss products based on hoodia, a substance derived from the Hoodia gordonii cactus of southern Africa. The FTC complaint alleged executives at Nutraceuticals International and Stella Labs falsely marketed hoodia products as effective weight-loss and appetite-suppression supplements, even though there was no scientific evidence of such benefits. David Romero, a principal at both companies, was assessed a $22.5-million fine for his role in the marketing claims. Romeo forfeited to the FTC a Vermont vacation home and $635,000 in business loans as part of his settlement. A $4-million judgment was also assessed against Deborah Vickey, a marketing executive at Nutraceuticals International.

-- David Lazarus

Photo: Frustrated consumers are being encouraged to switch banks on Nov. 5. Credit: Ted S. Warren / Associated Press

 

Lap-Band sales fell 16% in third quarter, Allergan says

Sales of Allergan Inc.’s Lap-Band weight-loss device dropped 16% in the third quarter of the year, the company said.

The Lap-Band is familiar to many Southern California residents because it is marketed extensively by a company called 1-800-GET-THIN on freeway billboards, television, radio and the Internet. The ad company is not affiliated with Allergan.

In a Wednesday conference call with analysts, Allergan Chief Executive David E.I. Pyott blamed the slump in Lap-Band sales on the sluggish economy, high unemployment and steep insurance co-payment requirements. In a statement, the company said it “remains committed to the Lap-Band business, as we strongly believe it represents an important tool in addressing the obesity epidemic.”

Since 2009, five Southern California patients have died after undergoing Lap-Band procedures at clinics affiliated with the 1-800-GET-THIN ads, according to lawsuits, coroner’s records and interviews.

Several lawsuits have been filed against the advertising company, clinics at which the surgeries were performed and the doctors involved in the surgeries. Through their attorneys, the marketing company and surgery centers have denied wrongdoing.

The Lap-Band represents just a small fraction of Allergan’s sales. The Irvine company also markets Botox wrinkle treatment, breast implants, an eyelash lengthening drug and a number of eye medications. Allergan reported $1.31 billion in sales for the third quarter, down slightly from the $1.33 billion that analysts had expected. Its shares fell $3.22, or 3.7%, to $83.74 on Wednesday.

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-- Stuart Pfeifer

Photo: An advertisement for Lap-Band surgery. Credit: Mariah Tauger / Los Angeles Times

Consumer Confidential: Credit cards, college costs, travel prices

Here's your walking-on-sunshine Wednesday roundup of consumer news from around the Web:

-- Your credit card knows a lot about you, and our friends at Visa and MasterCard may be using that info to sell you stuff. The Wall Street Journal says the credit card companies are currently trying to work out a system whereby purchases consumers make in a brick-and-mortar store can be used to deliver more effective ads online. A MasterCard document obtained by the Journal outlines some of the company's plans, which included linking Web users with purchases. According to document, the credit card provider said it believes "you are what you buy." The Journal said that Visa is planning a similar service, which would aggregate its customers' purchase history into segments, including location, to make ads more effective at appealing to people in a respective area.

-- The cost of a college education keeps going up. Average in-state tuition and fees at four-year public colleges rose an additional $631 this fall, or 8.3%, compared with a year ago, according to the College Board. Nationally, the cost of a full credit load has passed $8,000, an all-time high. Throw in room and board, and the average list price for a state school now runs more than $17,000 a year. The large increase in federal grants and tax credits for students, on top of stimulus dollars that prevented greater state cuts, helped keep the average tuition and fees that families actually pay much lower: about $2,490, or just $170 more than five years ago. But the days of states and families relying on budget relief from Washington appear numbered.

-- Also heading north: Travel prices. Higher demand and a reduced number of available seats will lead to higher airline ticket prices next year, even in a slow-growing economy, according to the American Express Global Business Travel Forecast. But prices won't jump as much as they did between 2010 and 2011, the forecast said. Business-class airfares are expected to rise the most next year. AmEx predicts prices for shorter North American flights in coach will increase by about 2% to 5%, while prices for longer economy flights will rise by 0.5% to 3.5%. In business class, rates will rise as much as 7% on shorter trips and 5% for longer ones.

-- David Lazarus

Photo: MasterCard and Visa may use your purchases to sell you stuff. Credit: Jonathan Bainbridge / Reuters

 

Oreck ads falsely claim vacuums killed flu, lawsuit says [Updated]

Oreck Corp. claims to build a better vacuum. But the company went too far when it said its Halo vacuum and some of its air purifiers killed virtually all germs, bacteria and viruses, including the flu virus, according to a consumer lawsuit filed in federal court in Los Angeles.

The lawsuit lists two plaintiffs, Roxy Edge of Los Angeles and Linda Gonzalez of Broome County, N.Y., and seeks certification as a class action. The lawsuit accuses Oreck of falsely claiming in television and print advertisements that the Halo vacuum killed “up to 99.9%” of germs and making similar false claims about its ProShield air purifier.

“Defendants’ claims are not adequately supported by credible, scientific testing or other substantiation and are not true,” the lawsuit alleged.

Oreck did not immediately respond to a request for comment.

[Updated at 6:43 p.m.: Oreck Corp. spokesman John Van Mol issued a statement that said the company "does not believe there is any merit to the plaintiffs' attorneys’ case and it intends to vigorously defend the lawsuit."]

In May, the company agreed to pay $750,000 to settle a Federal Trade Commission lawsuit that made similar allegations.

The lawsuit, filed Friday in U.S. District Court in Los Angeles, seeks damages in excess of $5 million.

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-- Stuart Pfeifer

Photo: Oreck Corp. ad for its Halo vacuum. Credit: ConsumerReports.org

No fruit in Fruit by the Foot? General Mills sued over snacks [Updated]

There’s not much fruit in General Mills snacks such as Fruit Roll-Ups, Fruit by the Foot and Fruit Gushers, alleges a new suit against the giant food company.

Instead, the candies are stuffed with sugars, artificial additives and dyes, according to a complaint filed Friday in federal court in California. The nonprofit Center for Science in the Public Interest, filing on behalf of Northern California mother Annie Lam, claims that the products give a misleading impression of being healthy by professing to be low in calories, fat and gluten.

The Washington, D.C. organization said that labels calling the snacks “naturally flavored” or “made with real fruit” violate laws governing deceptive advertising and fraudulent business practices.

While Strawberry Fruit Roll-Ups contain no strawberries, according to the group, the complaint alleges that the product’s contents include pears from concentrate, corn syrup and other components such as acetylated monoglycerides, malic acid and a dye called Red 40.

[Updated 10:05 a.m.: Minnesota-based General Mills said it still had not been served with the suit and would not comment on the claims.

"We stand behind our products — and we stand behind the accuracy of the labeling of those products," the company said in a statement.]

“General Mills is basically dressing up a very cheap candy as if it were fruit and charging a premium for it,” said Steve Gardner, litigation director for the science center. “It’s an elaborate hoax on parents who are trying to do right by their kids.”

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-- Tiffany Hsu

Photo credit: General Mills

Consumer Confidential: Netflix says oops; iPhone orders

 
Here's your misfit-toys Monday roundup of consumer news from around the Web:

-- Give Netflix points for knowing it was wrong. The company says it will drop plans to split its mail-order DVD and Internet-streaming services. The change is an acknowledgment of the anger that Netflix triggered in subscribers, first with Chief Executive Reed Hastings’ plan to raise prices and the subsequent Sept. 18 announcement detailing the split of the services. Customers will be able to access the streaming and mail-order services from Netflix.com, with one account and password, the company says. Netflix on Sept. 18 said people who wanted DVDs would have to sign up for a new service called Qwikster, requiring a separate account and billing. Now if the company could just do something about getting more up-to-date movies.

-- Dr Pepper prefers hanging out with guys. That's apparently the idea behind Dr Pepper Ten, a 10-calorie soft drink Dr Pepper Snapple Group is rolling out with a macho ad campaign that proclaims, "It's not for women." The soft drink was developed after the company's research found that men shy away from diet drinks that aren't perceived as "manly" enough. To appeal to men, Dr Pepper made its Ten drink 180 degrees different from Diet Dr Pepper. It has calories and sugar, unlike its diet counterpart. Instead of the dainty tan bubbles on the diet can, Ten will be wrapped in gunmetal grey packaging with silver bullets. And while Diet Dr Pepper's marketing is women-friendly, the ad campaign for Ten goes out of its way to eschew women. So there.

-- Apple took some heat for not unveiling an iPhone 5 but, instead, debuting an upgraded iPhone 4S. But apparently the company knew what it was doing. Apple says first-day preorders of the iPhone 4S topped 1 million, breaking the record set by last year's model. Apple and various phone companies started taking orders for the phone last Friday. It hits stores this Friday. First-day orders for the iPhone 4 were 600,000 when it launched last year. It was then sold in the U.S. only by AT&T. The iPhone 4S is also sold by Verizon Wireless and Sprint Nextel. The base model of the iPhone 4S costs $200 with a two-year contract. It has a faster processor and an improved camera compared to last year's model.

-- David Lazarus

Photo: Netflix is dropping plans for a Qwikster service. Credit: Paul Sakuma / Associated Press