Nutraceutical and Dietary Supplement Advertising Compliance Lawyer

A core part of our practice includes advising clients on compliance issues relating to the regulation of nutraceuticals, dietary supplements, skin care products and pharmaceutical compounds.  From scientific studies or expert opinions that properly substantiate advertising claims, to endorsements, before and after photos and re-billing ("ROSCA") considerations, Hinch Newman is a trusted advisor to manufacturers, distributors, advertisers, affiliate networks and publishers with regard to avoiding and resolving regulatory inquiries and enforcement proceedings.

The Federal Trade Commission possesses primary enforcement responsibility for claims made in advertising.  The FTC’s authority to regulate nutraceuticals stems from the Federal Trade Commission Act.  The Food and Drug Administration has primary enforcement responsibility for claims made in labeling and packaging.  The Food and Drug Administration’s authority emanates from the Federal Food, Drug and Cosmetic Act, as amended by the Dietary Supplement Health and Education Act.  The FTC and FDA have a collaborative relationship that will likely result in the continued heightening of regulatory scrutiny of the nutraceutical niche.

We regularly monitor litigation trends and the current regulatory environment for marketers and manufacturers of:

• Dietary supplements
• Nutraceuticals
• Cosmetics
• Compounds
• Creams
• Extracts

The firm also works closely with clients during:

• Product development
• The manufacturing process
• The process of evaluating scientific literature and substantiating efficacy representations
• Advertising clearance
• Marketing contracts

The firm's strategic working relationships with third-party bio-medical science experts brings added value to our clients that seek to implement conversion rate optimization strategies that comply with applicable laws and regulations. 

Our many years of experience conducting preventative advertising compliance assessments of pre-sale and landing pages effectively results in the minimization of the financial risks associated with defending against regulatory investigations and enforcement  actions, such as challenges before the Federal Trade Commission or state Attorneys General.  When necessary, our regulatory enforcement defense experience with local, state and federal regulatory agencies is a distinct benefit to our clients.

In December 2022, the FTC announced new Health Products Compliance Guidance regarding claims made about the benefits and safety of health-related products.  Federal Trade Commission staff  prepared this guidance document to update and replace Dietary Supplements: An Advertising Guide for Industry, issued in 1998.  Like the 1998 guide, this document provides guidance from FTC staff on how to ensure that claims about the benefits and safety of health-related products are truthful, not misleading and supported by science.

Since 1998, the FTC has settled or adjudicated more than 200 cases involving false or misleading advertising claims about the benefits or safety of dietary supplements or other healthrelated products, including foods, over-the-counter drugs, homeopathic products, health
equipment, diagnostic tests and health-related apps.  This update draws on the issues raised in those cases to illustrate how the FTC identifies the express and implied claims conveyed in advertising and how the agency evaluates the scientific support for those claims.  While most of the examples involve dietary supplement advertising, the same legal principles apply to the marketing of any health-related product.

The new guidance is intended as business guidance only.  It interprets and explains FTC advertising law pursuant to the FTC Act and as set out in case law, and FTC policy statements.  The principles and examples are intended to help advertisers comply with the basic tenets of FTC law.

Marketers of nutraceuticals, dietary supplements, compounds, creams and skin care products have been, and shall remain, the subject of intense regulatory scrutiny.  Consult with experienced compliance counsel today to avoid a civil investigative demand, an asset freeze or an Attorney General investigation tomorrow.

If you are engaged in the promotion of weight loss, health or skin care products, contact Hinch Newman today for a free consultation.