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Guest article in Yes Weekly < Back Tips for Lower Risk Marketing Supplements & CBD Products in the Coronavirus Era Asa Waldstein Guest Article Guest article in Yes Weekly Read More Previous Next

Playful ads can attract scrutiny < Back Bashing Competitors Can Lead to Challenges Playful ads can attract scrutiny Bashing competitors, even unnamed ones, can lead to competitor challenges. In this post, I review this National Advertising Division case where General Mills challenges television commercials by Welch's Fruit Snacks. In the commercials, celebrity chef Gordon Ramsay throws away generically labeled "Fruit Flavored Snacks" by tossing them out of a window and even spitting them out. In my opinion, the commercial is actually pretty good. It can be watched here . 🔹From NAD. "NAD determined that one reasonable takeaway from the commercials is that the whole fruit content of Welch's Fruit Snacks makes it a superior product for consumers." NAD also determined that the dramatic throwing away of the generic products was considered "ash canning," which depicts "competing products like General Mills' fruit snacks as lacking any positive value." The term "ash canning" in advertising refers to a practice of depicting competing products as having little or no value and implies that the competing product is so inferior that it might as well be discarded like ashes. Here's another NAD case involving "ash canning," where a beer company was asked to discontinue a commercial with imagery and a "Light beer shouldn't talk like water. It should taste like beer. "statement. In the beer case, NAD offers this information regarding the needed substantiation. 🔹 "NAD determined that tasting "like water" is a measurable attribute. Reliable sensory testing could demonstrate whether consumers detect a watery taste or the complete absence of taste. Consumers may also reasonably expect that the statement is supported by such evidence. Good resource here; I came across the ABC Television: Advertising Standards & Guidelines document , which has some helpful high level information on things like puffery, ash canning, and substantiation of performance and efficacy claims. The moral of this story is to use caution when bashing even anonymous products, especially the litigious ones with deep pockets, to initiate challenges. Read the case summary here . DATE ORIGINALLY POSTED: 10/16/24 Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading. Previous Next Get Warning Letter Wednesday in your Inbox Sign-Up Now!

Asa Waldstein is principal of Supplement Advisory Group, chair of the AHPA Cannabis Committee, and undisputed AHPA superfan – championing the association and contributing to AHPA initiatives every chance he gets. With a background in herbalism, Asa has 20 years of experience developing and implementing compliant marketing and cGMP manufacturing processes, and he is widely respected for his dietary supplement and hemp regulatory expertise and creative outreach. His dedication to supporting the market for safe, high quality dietary supplements and herbal products is outstanding and his commitment to advancing AHPA's efforts is inspiring. Asa Waldstein is the recipient of the 2023 AHPA Herbal Hero Award. “When I started studying clinical herbalism in the late 90s and followed my passion for herbs into the supplement industry, I had no idea how much fun and opportunity it would bring me. This award signifies that anything is possible if you follow your passions, work hard, and find a supportive community like AHPA. I have been an AHPA member for almost half of my life, and I attribute much of my professional success to the connections and education from being an active AHPA member. I thank the AHPA community for this prestigious award. It's genuinely one of the pinnacles of my professional career, and I am so thankful!” -Asa Waldstein < Back Asa Waldstein wins AHPA Herbal Hero Award AHPA Press Mention Asa Waldstein is principal of Supplement Advisory Group, chair of the AHPA Cannabis Committee, and undisputed AHPA superfan – championing the association and contributing to AHPA initiatives every chance he gets. With a background in herbalism, Asa has 20 years of experience developing and implementing compliant marketing and cGMP manufacturing processes, and he is widely respected for his dietary supplement and hemp regulatory expertise and creative outreach. His dedication to supporting the market for safe, high quality dietary supplements and herbal products is outstanding and his commitment to advancing AHPA's efforts is inspiring. Asa Waldstein is the recipient of the 2023 AHPA Herbal Hero Award. “When I started studying clinical herbalism in the late 90s and followed my passion for herbs into the supplement industry, I had no idea how much fun and opportunity it would bring me. This award signifies that anything is possible if you follow your passions, work hard, and find a supportive community like AHPA. I have been an AHPA member for almost half of my life, and I attribute much of my professional success to the connections and education from being an active AHPA member. I thank the AHPA community for this prestigious award. It's genuinely one of the pinnacles of my professional career, and I am so thankful!” -Asa Waldstein Read More Previous Next

From his humble beginnings using keyboard shortcuts to unleashing the power of AI, regulatory risk master Asa Waldstein details how he developed a tool to identify trigger words. < Back New software makes in-house regulatory expertise accessible Danielle Masterson Interview From his humble beginnings using keyboard shortcuts to unleashing the power of AI, regulatory risk master Asa Waldstein details how he developed a tool to identify trigger words. Read More Previous Next

Asa Waldstein, Principal, Supplement Advisory Group, discussed the most recent info on FDA and FTC’s thinking regarding immune support in Communicating in-store and online—where are we now? “FDA is going back many years and citing multi-year-old social media posts in warning letters,” he shared. “One cited a social media post from 2014, and they treat those the same way as new posts. Hashtags are also claims. ‘Liking’ a post is a claim. Replying to or reposting a customer comment on social media, that’s a claim. All marketing is considered ‘labeling’.” That includes, he said, product reviews and testimonials; infographics; citing studies; blogs; and more. < Back #NaturallyInformed Event Looks at Immune Health from All Angles Julia Peterman Press Mention Asa Waldstein, Principal, Supplement Advisory Group, discussed the most recent info on FDA and FTC’s thinking regarding immune support in Communicating in-store and online—where are we now? “FDA is going back many years and citing multi-year-old social media posts in warning letters,” he shared. “One cited a social media post from 2014, and they treat those the same way as new posts. Hashtags are also claims. ‘Liking’ a post is a claim. Replying to or reposting a customer comment on social media, that’s a claim. All marketing is considered ‘labeling’.” That includes, he said, product reviews and testimonials; infographics; citing studies; blogs; and more. Read More Previous Next

Asa and other industry leaders interviewed < Back The blurred lines of the legality of Delta-8 Danielle Masterson Interview Asa and other industry leaders interviewed Read More Previous Next

< Back Panel Discussion Thursday Apr 13, 2023 Marketing Claims and Protecting Your Brand Naturally Los Angeles Leaders in the natural products space share their experience on how to market claims and protect your brand. Register Previous Next

There are no FDA approved supplement facilities or supplement products < Back Supplement company’s brochures and online marketing lead to a warning letter There are no FDA approved supplement facilities or supplement products The FDA inspected a facility, then six months later they reviewed the company website. This is a continuing trend and a reminder to screen for disease words online, especially after a GMP inspection. Here the FDA refers to a product brochure as labeling. This is an important reminder that all marketing is an extension of the label. Here is a video about this. From warning letter: “On your product labeling (brochure) for “Kidz DHA,” which directs consumers to your website …. where the product is available for purchase: “DHA supplements are purported to treat certain health problems in children, such as allergies, asthma, and attention deficit-hyperactivity disorder (ADHD).” Several other disease words are mentioned in this letter, such as anti-bacterial and anti-inflammatory. As a rule, words containing “anti” should be avoided. The one exception here is antioxidant. Also interesting in this letter is the mention by FDA that they do not approve facilities or supplement products. If a company claims to have FDA approval of their supplements, this is a marker they do not understand the basics of dietary supplement regulations. From warning letter: "We note that your website includes the statement that …. are made . . . in an FDA approved facility.” Although certain facilities must register with FDA, FDA does not approve facilities. Read full warning letter here . Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading. Previous Next Get Warning Letter Wednesday in your Inbox Sign-Up Now!

< Back Virtual Fireside Chat Friday Jun 16, 2023 Substantiation Dossiers: Building Trust in Label Claims for Retailers, Influencers, and Consumers Radicle Science June 16, 2023 (10:00 am PT / 1:00 pm ET) The dietary supplement industry has no shortage of attention lately when it comes to the Federal Trade Commission and the recent notices of penalty offenses on label claims. Brands are reaching for substantiation dossiers as a means to provide their retailer partners, influencers, and customers assurance that their label claims are factually accurate. Join Radicle Perspectives with Asa Waldstein , Principal of Supplement Advisory Group , as we discuss how to mitigate label claim risk, the impact recent headlines have had on dietary supplement consumers, and what Asa sees is next when it comes to the FTC drama. Key Topics: Understanding label claim risks in the dietary supplement industry Strategies to mitigate label claim risk through substantiation dossiers Insights into the future of FTC regulations and its implications for the industry Watch On Demand Previous Next

Called Apex Compliance, the software detects risky marketing terms and phrases and suggests lower-risk alternatives. < Back Regulatory compliance software helps supplement, nutrition, functional food, and cannabis brands vet their marketing claims Jennifer Grebow Interview Called Apex Compliance, the software detects risky marketing terms and phrases and suggests lower-risk alternatives. Read More Previous Next

< Back Presentation, Online Thursday Feb 29, 2024 The Regulatory Universe & AI Naturally Informed Asa is excited to participate in "The Regulatory Universe & AI" discussion with technology genus Akash Shah at this Naturally Informed event. Asa will be talking about how technology and AI can make regulatory marketing compliance better, and will also share his "recipe" for how to best use AI and algorithms together. Your questions will be answered in a Q&A format. Learn More & Register Previous Next

Ensure vendors are properly qualified < Back 7 Homeopathic Eye Product Warning Letters Ensure vendors are properly qualified Eight companies received warning letters for selling homeopathic and other eye-lubricating products. This signals the continued shift in FDA’s enforcement priorities towards homeopathics. Most of these companies were selling ophthalmic homeopathic products with some disease claims. I assume that if there were no GMP concerns, the products were not for use in the eyes, the target audience was adults, and there were no serious disease claims, many of these companies would not have received warning letters. FDA probably cited this group of products because they are (ophthalmic) added to the eyes, which may potentially endanger eye health. There are allowable OTC monographs for these types of products, but it seems the products were homeopathics, not labeled as OTCs (Drug Facts Panel), or in at least one instance, the product was labeled as an OTC but was not submitted to the required National Drug Code Registry . Products added to the eyes can be dangerous, and eye two lubricant products contain NAC, which I don’t think is approved for ophthalmic delivery. When I was a supplement manufacturer, I always said NO to making these types of products. From warning letter, “Ophthalmic drug products, which are intended for administration into the eyes, in general pose a greater risk of harm to users because the route of administration for these products bypasses some of the body’s natural defenses.” Here are some other highlights: 🔷 This company was cited for making disease claims in testimonials. It is worth noting that testimonials were showcased and promoted in a banner. If the testimonials were part of a 3rd party review widget, such as those uncurated reviews that come in through a service like Trustpilot, they probably would not have been cited. 🔷 My “day job” is running a regulatory consulting company. Contact me to discuss reviews, labels, or online marketing compliance questions. This helps support my WLW writing passion (smiles). 🔷 Normally, there has to be commerce for a company to receive a warning letter. This company does not appear to conduct commerce on its website and only offers a practitioner login option. The company was selling ophthalmic products with disease claims, which led to the warning letter even though there does not seem to be public commerce on the site. This is VERY INTERESTING and should be a wake-up to companies using this strategy to push the compliance boundaries. 🔷 This well-known homeopathic company was cited for not only making ophthalmic homeopathic products and disease claims, but this warning letter also includes numerous GMP violations. Products from this company were placed on import alert, which speaks to the severity of the alleged GMP issues. I assume that FDA “followed the breadcrumbs” for other products made at this facility, which led to the Walgreens and CVS warning letters. This highlights the need for supplier qualification, something consultant Nate Call is an expert at. 🔷 A four-year-old social post was cited, which is another reminder to remove language from all social media, no matter how old. 🔷 From warning letter. “February 9, 2019 Twitter post: An image of the “Vision Clarity Eye Drops” with the text, “Carnosine, a cataracts worst nightmare.” Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading. Previous Next Get Warning Letter Wednesday in your Inbox Sign-Up Now!