Leading Internet Marketing Lawyer for Sellers of Weight Loss, Health and Skin Care Products
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
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.
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.