Recent FDA warning letters, class-action lawsuits and National Advertising Division (NAD) cases offer animal supplement companies practical lessons for avoiding marketing compliance problems, according to Asa Waldstein, principal of Apex Compliance, a NASC Preferred Supplier.

Waldstein presented "Lessons from Recent Animal Supplement Enforcement: Building a Smarter Marketing Compliance Process" during a National Animal Supplement Council (NASC) webinar. Waldstein, who has worked in the supplement industry for 25 years, writes the weekly Warning Letter Wednesday series on enforcement trends.

He said companies face risk from several directions: the U.S. Food and Drug Administration, which oversees safety, labeling and disease claims; the Federal Trade Commission (FTC), which oversees truth in advertising; retailers such as Amazon and Whole Foods, which set their own requirements; and class-action attorneys.

A warning letter is public record and can limit investment and acquisition opportunities, Waldstein said. He added that plaintiff attorneys often copy warning letters into demand letters or lawsuits, which companies usually settle.

“You do not want warning letters,” he said.