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Where advertising law and IRBs collide

By Rebecca Tushnet

(That is, my field of research and my husband's.)

NYT: Fitness Isn?t an Overnight Sensation

Carl Foster, an exercise physiologist at the University of Wisconsin, La Crosse, was amused by ads for a popular piece of exercise equipment. Before-and-after photos showed pudgy men and women turned into athletes with ripped bodies of steel. And it all happened after just 12 weeks of exercising for 30 minutes three times a week. Then there was the popular book, with its own before-and-after photos, promoting a program that would totally change your body in six weeks with three 20-minute exercise sessions a week.

? ?We said: ?Wait a minute. You can?t change yourself that much,? ? Dr. Foster said. So he and his colleagues decided to experiment. Suppose they recruited sedentary people for a six-week exercise program. Would objective observers notice any changes in their bodies?

? The volunteers were men, age 18 to 40 (the university?s human-subjects review board looked askance at having women photographed and rated like that). And they were sedentary. ?These were people who were just sort of dumplings,? Dr. Foster said.

Results were not surprising. The subjects rated themselves more highly than anyone else rated them, and female panelists rated the subjects lower than the male subjects or panelists rated them. But, over all, the subjects? ratings barely changed, if at all, after their exercise program. And neither did objective measures, like weight or percentage of body fat, or waist size or the size of the bicep or thigh.

? Dr. Mark Tarnopolsky, an exercise researcher at McMaster University in Hamilton, Ontario [said] that although he does not think the before-and-after photos in ads are doctored, most people will not change so markedly no matter how hard or long they work. ?I believe they are taking the top one or two people out of thousands,? Dr. Tarnopolsky said.

If the ads clearly disclose in text that their results are unusual, and they really do feature the one or two people who succeed using the advertised program, they probably follow current FTC guidelines. But maybe the guidelines themselves are too lax.

Full post as published by 43(B)log on January 21, 2009 (boomark / email).