FTC Released a Guide Dietary Supplements: An Advertising Guide for Industry (April 2001)

Dietary Supplements: An Advertising Guide for Industry

April 2001

The Federal Trade Commission (“FTC”) guidance on dietary supplement advertising outlines key principles and practices to ensure that advertising is truthful, not misleading, and substantiated by adequate scientific evidence.

Overview of FTC and FDA Roles.

The dietary supplement industry is rapidly evolving, with increasing scientific research and product variety. The FTC enforces laws against unfair or deceptive practices, ensuring consumers receive accurate information about dietary supplements. The FTC and the Food and Drug Administration (FDA) work together to regulate claims—FDA focuses on product labeling, while the FTC oversees advertising claims, including those made through various media, including the internet.

FTC Advertising Principles.

The FTC’s advertising laws can be summarized in two main principles:

1. Advertising must be truthful and not misleading.

2. Advertisers must have adequate substantiation for all objective claims before disseminating ads.

A deceptive ad is one that misrepresents or omits information likely to mislead consumers. The FTC requires "competent and reliable scientific evidence" to support claims about the efficacy and safety of dietary supplements.

Key Issues in Dietary Supplement Advertising.

1. Identifying Claims. Advertisers must identify all express and implied claims in their ads and ensure accuracy. They are responsible for the net impression conveyed, including any implications about disease benefits.

2. Disclosure of Qualifying Information. If an ad might mislead without certain information, that information must be clearly and prominently disclosed. Vague disclaimers, such as “results may vary,” are generally insufficient.

3. Substantiation of Claims. Advertisers must ensure that claims are backed by adequate scientific evidence, considering factors like the type of product, type of claim, and the consequences of false claims.

Additional Guidance.

1. Endorsements. Claims made through consumer testimonials or expert endorsements must not be deceptive or unsubstantiated. Testimonials should reflect what consumers can generally expect, and vague disclaimers are inadequate. Expert endorsers must have relevant qualifications and disclose any material connections to the product.

2. Traditional Use Claims. Claims based on historical or traditional uses must be substantiated by scientific evidence or clearly communicated as traditional use. The FTC evaluates consumer expectations for scientific support and will scrutinize claims implying health benefits.

3. DSHEA Disclaimer. While DSHEA requires specific disclaimers for product labels, similar disclosures can be beneficial in advertising to clarify that the FDA has not evaluated the product for disease treatment. However, a disclaimer does not fix an otherwise deceptive ad.

4. Third-Party Literature. Using external publications in advertising must comply with FTC standards. Such materials should be truthful, balanced, and not misleading. Advertisers are responsible for ensuring that their use of these materials adheres to FTC regulations.

Marketers of dietary supplements must comply with both DSHEA and FTC regulations, ensuring that all claims are truthful, not misleading, and substantiated by sound scientific evidence. To ensure compliance, advertisers should carefully draft claims, review their supporting evidence, and be vigilant in avoiding misleading implications in their advertising.

 

For more information, see here:  https://www.ftc.gov/tips-advice/business-center/guidance/dietary-supplements-advertising-guide-industry

 

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