• Business Week, Friday, April 6, 2007 11:45 AM

An increasing array of products are being aggressively marketed to affluent, aging baby boomers who have shown a marked willingness to pay to stave off the effects of age. That is sparking a backlash from consumer activists and regulatory agencies, which are cracking down on some of the activities and taking additional legal action.

Enviga, for example, has garnered heavy criticism, along with a lawsuit against co-marketers Coca-Cola and Nestle, challenging the scientific basis for the drink's claims to spur weight loss. It has even led the Food & Drug Administration to consider whether it should regulate food and drinks that claim drug-like benefits.

But it's highly unlikely the government will regulate advertising and marketing claims, industry experts say. "Until there's some sort of disaster, don't expect the government to step in," says Robert Passikoff, president of Brand Keys. In many cases, by the time claims are investigated by the National Advertising Division of the Council of Better Business Bureaus, advertising has run its course and marketers have already boosted sales.

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