supplements navigating claims

FTC Cracks Down on Deceptive Advertising: Navigating Compliance for Dietary Supplements

LAUREN CASGREN-TINDALL

Founder & Creative Director

Lauren Casgren-Tindall is founder and creative director for Crème de Mint. She has 20 years of experience in the CPG industry helping business owners to connect with their customers by creating strategic packaging designs.

LAUREN CASGREN-TINDALL

Founder & Creative Director

Lauren Casgren-Tindall is founder and creative director for Crème de Mint. She has 20 years of experience in the CPG industry helping business owners to connect with their customers by creating strategic packaging designs.

A Vital Wake-Up Call: Navigating Advertising Compliance for Dietary Supplements

Supplement businesses owners brace yourselves for important news on compliance for dietary supplements! The Federal Trade Commission (FTC) is intensifying its crackdown on deceptive advertising practices, and you need to be prepared. In recent developments, the FTC has issued critical notices specifically targeting advertisers in the supplement industry.

These notices serve as a stern wake-up call, urging all supplement business owners to exercise caution, maintain transparency, and ensure their claims are backed by reliable evidence. Failure to comply with these guidelines could result in severe consequences, including significant civil penalties. In this article, we will delve into the FTC’s expectations, highlight the potential risks of non-compliance, and provide you with the necessary insights to navigate the complex realm of advertising compliance for dietary supplements.

Building Trust with Reliable Evidence

Under FTC law, supplement companies must support their product claims with reliable evidence. It’s not just a legal requirement; it’s a fundamental principle that builds trust between you and your customers. When promoting the health or safety benefits of your supplements, it is crucial to ensure that scientific evidence supports every claim you make. The FTC’s crackdown leaves no room for unsubstantiated assertions. Whether you emphasize the potential to cure, mitigate, or treat serious diseases like cancer or heart disease, it is imperative to rely on accepted scientific testing standards to back your claims and build consumer trust.

The Power of Steep Civil Penalties

The FTC’s recent warnings are not to be taken lightly. Violators who engage in deceptive advertising practices now face an intensified crackdown. By sending notices of penalty offenses to approximately 670 companies involved in the marketing of OTC drugs, homeopathic products, dietary supplements, or functional foods, the FTC is placing businesses on notice that failure to adequately substantiate product claims can result in significant civil penalties. The penalties can reach up to $50,120 per violation. Beyond the financial impact, non-compliance poses a significant risk to your business’s reputation and consumer trust. It is crucial to prioritize compliance for dietary supplements and safeguard your business from the potential consequences.

Addressing Unsubstantiated Claims

To be specific, the FTC has outlined various unlawful acts and practices that businesses must avoid.

These include:

  1. Lack of a reasonable basis for objective product claims: Ensure your claims have a solid foundation of competent and reliable evidence.
  2. Insufficient scientific evidence for health or safety claims: Back your claims with scientific research that supports the benefits you promote.
  3. Absence of well-controlled human clinical trials for disease-related claims: When making claims about serious diseases, ensure they are supported by rigorous scientific testing.
  4. Misrepresentation of substantiation level or type: Be transparent about the level of evidence you possess to avoid misleading consumers.
  5. False endorsement and testimonial practices: Avoid misrepresenting endorsements, failing to disclose material connections, or making deceptive performance claims.

Consulting the FTC and Staying Informed

Compliance for Dietary Supplements

The FTC provides valuable resources to help you understand and comply with advertising regulations. It’s crucial to consult their “Health Products Compliance Guidance” to ensure you are on the right track. Additionally, staying updated on the latest FTC news and alerts, reading consumer alerts and the business blog, and following the FTC on social media can provide you with valuable insights and proactive compliance measures. By being proactive and staying informed, you can navigate the advertising landscape with confidence and mitigate potential risks.

Safeguarding your Future: Compliance for Dietary Supplements

Compliance for Dietary Supplements

As a supplement business owner, compliance with FTC guidelines is not just a legal obligation, but a vital opportunity to build consumer trust and protect the future of your business. By heeding the FTC’s guidelines and ensuring your claims are substantiated by reliable evidence, you can safeguard your business from potential civil penalties and foster transparency. Compliance is the key to maintaining a solid reputation and cultivating strong relationships with your customers. Remember, the FTC’s intensified crackdown serves as a stark reminder that non-compliance can have serious consequences.

Not sure if your labels are compliant? Take action today by downloading our lawyer directory and then reach out to us to help you with your label design updates. Learn more with our Supplement Label Design guide.

LAUREN CASGREN-TINDALL

Founder & Creative Director

Lauren Casgren-Tindall is founder and creative director for Crème de Mint. She has 20 years of experience in the CPG industry helping business owners to connect with their customers by creating strategic packaging designs.

LAUREN CASGREN-TINDALL

Founder & Creative Director

Lauren Casgren-Tindall is founder and creative director for Crème de Mint. She has 20 years of experience in the CPG industry helping business owners to connect with their customers by creating strategic packaging designs.