This article is part of CRN’s Associate Member Spotlight series and reflects the views, opinions, and expertise of the featured member company, The Acheson Group. The content is provided for informational purposes only and does not represent the views, positions, or policies of the Council for Responsible Nutrition. Learn more: achesonfoodsafetyconsulting.com
Did you know you are just as accountable for dietary supplement claims made on your website and social media as you are for claims on your product labels? And it’s not only the FDA keeping an eye on your claims, there is an additional agency looking over your shoulder for validation—the Federal Trade Commission (FTC).
Although there are three categories of claims that can be used on dietary supplements—health claims, nutrient content claims, and structure/function claims—all must be truthful, not misleading, and substantiated by scientific evidence. This applies not only to label claims, but also to any marketing and advertising claims about the benefits and safety of a product. As noted in the FTC Guidance, this includes expressed or implied statements or depictions on packaging and labeling, promotional materials, internet/digital content, social media and influencer marketing, press releases/media appearances, trade shows, conferences, and seminars.
“It also is critical to understand that, as a representative for your company, you cannot ‘like,’ agree with, or otherwise acknowledge a consumer’s social media post about your product that includes an unsubstantiated claim,” said The Acheson Group’s (TAG) Director of Food Safety and Dietary Supplements Tony Lukas. “Doing so is seen by the FTC as making the claim yourself.”
In determining if a regulatory line is crossed, the FTC focuses on the ad’s overall net impression. So, to stay on the right side of the law, marketers should:
- Consider the express and implied consumers are likely to perceive.
- Ensure all claims are scientifically sound and relevant to the product
And always remember: Neither FDA nor FTC will hesitate to use its authority to take enforcement action against violations.
Get in touch: As a new CRN member, The Acheson Group is excited to work with CRN members and associates in ensuring the quality and safety of the Dietary Supplement market. If you have any questions about the claims you are making, or would simply like to chat, connect with us! Our Dietary Supplement experts can support you in navigating this challenging, but exciting, industry.