When Other Companies Misrepresent Lap-Band Benefits (AGN)

Any time you see a “warnings of misleading advertising” issued by a government agency, it is no surprise that some doubt arises.  Some cases are nothing at all. Others are critical and the reminders snake oil salesmen come to mind.  The FDA announced that it has taken action against eight California surgical centers and the marketing firm 1-800-GET-THIN LLC, for misleading advertising of the Lap-Band.

The warning letter was NOT sent to Allergan Inc. (NYSE: AGN), the manufacturer, but it was sent to these groups: 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 to 1-800-GET-THIN.

The warning letters were sent because Lap-Band “is a restricted medical device that is misbranded as a result of misleading advertising by these groups.”  The warnings pertain to billboards and advertising inserts. The FDA also noted that it is concerned that the font size of information related to risks on the advertising inserts is too small to be read by consumers.

The FDA said it is prepared to take further action, possible seizure or seeking civil monetary penalties if the affected companies do not change the advertising and promotion strategies.