Regulatory & FDA Compliance
Understanding regulatory and FDA compliance with dietary supplements advertising first means understanding that the Food & Drug Administration (the “FDA”) has primary responsibility for claims related to dietary supplements and weight loss products on product labeling, including packaging, inserts, and other promotional materials distributed at the point of sale.
The FDA can take action against dietary supplements only after they are proven to be unsafe. This allows manufacturers of supplements and herb based products to make health benefit “structure/function” claims, provided their products are not falsely promoted for cure, mitigation, treatment, or prevention of disease. If they are promoted for such purposes, they are going to be subject to FDA regulation as “drugs.”
Product sellers and promoters should not promote or claim any product as a cure for anything!
The word “cure” is absolutely an FTC and FDA red flag. What lands most advertisers into trouble is failing to […]