An active area of enforcement for both the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) is the area of unsubstantiated efficacy claims for health products and dietary supplements. If 2011 is anything like the past two years, of FTC activity against false and misleading advertising campaigns, supplement companies should resolve to understand the issues and arm themselves with a list of resolutions to abide by.
New Year’s Resolutions
If you haven’t already drawn up a list of new year’s resolutions for your supplement business, now is a good time to start. Before doing so, here’s a briefing of the activities of the FTC during the past two years. In 2009, there were 11 actions taken by the FTC against supplement manufacturers whose advertising campaigns included claims that their supplements would cure or treat certain types of cancers. Action was also taken against manufacturers who made false and misleading claims about their nutritional supplements being able to treat various diseases. Likewise, 2010 also stirred a slew of enforcement activity with settlement orders against Nestle and IovateHealthSciences being the most prominent..1-2 If well-established companies can err on the wrong side of the FTC without deliberately intending to do sofind themselves unintentionally acting outside the guidelines set forth by the FTC and FDA, then all of us are susceptible.
To help you stay within the confines of the FTC guidelines, we’ve collected a few important new year’s resolutions you should adhere to. Consider adding these to your list of top new year’s resolutions to safeguard your supplement company!
Here Are Your Top 5 New Year’s Resolutions
1.I will not hide behind the safety of numbers. Other manufacturers or marketers may be crossing the line where health claims are concerned, but that’s never a justification for you to do it. Besides, it will never work when you stand against the ire of the FTC or the FDA!
2. I will be aware of the “claimed” effect. If a product highlights a particular ingredient, a regulator may consider you are making a “claim” on the basis of you highlighting this particular ingredient in your product. The highlighted ingredient, therefore, should be in the product at a significant level that is in accordance with dosages used in successful human trials and should be in the right amount needed to be effective.
3. I will keep abreast of FTC / FDA enforcement action and public comments. This will provide you with helpful information when applying the “grayer” areas of the lawestablishing your health claims, particularly when it comes to deciding whether you should launch a new product or tweak an existing formula.
4. I will make sure my product’s health claim matches relevant studies. Even if you do have FDA approval for your claim, make sure the product, dosage, target population, etc. matches those used in the research study.
5. I will keep my customers happy by producing products that have high potential for efficacy. As long as you are upfront and honest, Ssatisfied customers will reap remain loyalty and patronage to your brand. Remaining as transparent as possible is always the best way to keep your customers coming back.
This is where partnering with a private label supplement manufacturer, like Vitacap Labs, can make a huge difference to on your product line. Being able to stand confidently behind your product without compromising on your nutritional new year’s resolutions is vital to your reputation. Vitacap Labs offers science-supported formulas that are manufactured within a GMP-certified facility. Whether you’re a startup, or a well-established supplement company, you’ll find Vitacap Labs’ manufacturing solutions deliver superior-quality products that you and your customers can safely trust. Request a free quote today!
References:- 1.FTC Testifies About Efforts to Combat Fraudulent and Deceptive Advertising, Federal Trade Commission (http://www.ftc.gov/opa/2009/07/advertising.shtm)
- 2.Nestlé Subsidiary to Settle FTC False Advertising Charges; Will Drop Deceptive Health Claims for BOOST Kid Essentials, Federal Trade Commission (http://www.ftc.gov/opa/2010/07/nestle.shtm)
