Following enforcement trends are important for anyone selling products. This is especially true for those new to dietary supplement marketing and those who use higher risk language in promoting their products. They show us what the guardrails of compliance are and how to adjust our messaging to avoid a warning letter or worse. Every warning letter helps companies fine-tune their marketing message. For example, claims made on Amazon, Etsy, LinkedIn, or podcasts are now being scrutinized. This includes affiliate marketers who receive benefits from referring to other websites for product purchases. I review examples of what not to do here and tips on how to market compliantly here.
What is a lower risk today may be a higher risk tomorrow
One example is using a hangover support statement which would have been a relatively low risk in the past, but in July 2020 the FDA issued seven warning letters to companies making hangover claims. In the accompanying press release Steven Tave, director of FDA’s Office of Dietary Supplement Programs, stated that “Consumers may get the false impression that using these products can prevent or mitigate health problems caused by excessive drinking. Dietary supplements are not a substitute for responsibly limiting one’s alcohol consumption.”