Warning Letter Review: What went wrong & how to avoid

This warning letter is a great teaching case. Learning how to read enforcement trends can protect your company.

Here are some of the things I will review. See my comments in red below.

*Reasons to clean up old social media posts *Hashtags are claims *Don't market to kids *Don't use the words Coronavirus/COVID (see video here) *Blogs count as claims *Enforcement trends: videos and socials cited in most letters *Implying symptomatic relief for COVID symptoms is bad

From Warning Letter:
Your blog post titled,BACK TO SCHOOL: NEW KIDS AND TEEN IMMUNE PAKS” at displays images of your products “Dr. Hotze’s Kids Immune Pak,” “Dr. Hotze’s Teen Immune Pak,” and “Dr. Hotze’s Immune Pak with Vitamins A, B, C, D, Zinc and Probiotics” and includes the following claims:
• “The time to start boosting their immune system is now . . . because of the coronavirus . . . Another way to help boost their immune system is with quality vitamins, minerals and probiotics. Take a look at the many health benefits of these supplements:

Asa's Commentary on above

  • Blogs are claims when there is a commercial gain or material connection. This is a great example of a well-intentioned social media manager creating content that is designed to be helpful but is full of claims. See my post here.

  • Children fall into the "vulnerable population" area. Use caution when marketing to them.

  • Use of "buzzword" Coronavirus. This carries a risk factor of 5 of 5 (Asa's rating system) Here's my webinar on this.

  • Implying the product will be useful for coronavirus symptoms. In the eyes of the FDA/FTC, this may suggest the consumer doesn't need to take preventative action (e.g. masks, hand washing)

 “Vitamin B6 has been implicated in the regulation of immune responses that are associated with a wide range of diseases, including inflammation ….

Asa's Commentary on above

  • FDA enforcement trends show inflammation showing up more frequently. This carries a risk factor of 3.5 out of 5 (Asa's rating system)

  • Use of "buzzword" disease. Remember the FDA disclaimer "Not intended to treat, diagnose, prevent disease". This is at the root of all claims-compliance questions.

 “Research demonstrates that probiotics are safe and effective for fighting the common cold and influenza-like respiratory infections….

Asa's Commentary on above

  • Use of "buzzwords" cold and influenza. This carries a risk factor of 4 - 4.5 out of 5 (Asa's rating system)

On your Hotze HWC website,, which directs consumers to your website to purchase your products: 

Asa's Commentary on above

  • This is the material connection. If not link or call-to-action to purchase products, this would be lower risk.

From your May 26, 2020, blog post titled, “Dr. Erika Schwartz on The Immune System and Coronavirus” at, which provides a transcript of Dr. Steven Hotze’s interview with Dr. Erika Schwartz and attributes the following statements to Dr. Hotze:
• “Dr. Hotze: . . . I was on Fox News on March the 15th, Sunday afternoon, on the coronavirus pandemic report. . . And I talked about the importance of vitamin A, B, C, D and Z with the probiotic, and I made my case and said, ‘Build up your immune system that’s what you need to do. If you have a healthy immune system, you’re not going to have to worry about this virus or that virus or this bacterial infection, you’re going to be healthy. And that’s what you can do and you need to do that now through . . . the vitamins you take . . .I mean, the lady looked at me and she goes, ‘We don’t really believe vitamins and all those things can help you with the coronavirus.’ Well of course it can.

Asa's Commentary on above

  • Blogs are claims when there is a commercial gain or material connection.

  • Old social media posts. I strongly suggest cleaning up old non-compliant social media posts as they can only cause problems. Some warning letters have referenced two-year-old posts! I'm sure our opinions on this disease have changed since March 2020 and this post should have been removed. Read about this in my Operation CBDeceit blog.

  • The blog