Ensure ingredients are lawful for supplements < Back Hordenine HCL Ingredient Leads To Warning Letter Ensure ingredients are lawful for supplements The product in this warning letter contains hordenine HCL, which FDA does not consider a dietary ingredient. Adding this into a supplement makes it an adulterated product which is a violation that, although unlikely, could potentially lead to other penalties such as criminal action. 👉From warning letter. "Because hordenine HCl does not qualify as a dietary ingredient and is not GRAS or otherwise exempt from the food additive definition, your …. products are adulterated " I see ingredients like this in two categories. 🔷NDIs: Hordenine, higenamine, octopamine 🔷Impermissible dietary ingredients: Hordenine HCL, higenamine HCL The FDA differentiates NDIs such as hordenine from impermissible dietary ingredients such as hordenine HCl. You will notice that "HCL" (hydrochloride) is the difference between an NDI and an impermissible ingredient. Here is a warning letter where FDA states hordenine in an NDI. This is really interesting. The reason this company received a warning letter is simply because they added this impermissible ingredient into a supplement. This letter does not contain disease claims or reference the use of pharmaceutical drugs like sildenafil, which is rare. I ran Apex Compliance , my compliance program, on their website and found several disease claims that surprisingly went undiscovered by FDA. This is a great reminder that now is the time for an online compliance tune-up. This is a service I offer, or this program will be available in just a couple of weeks. In a bizarre warning letter notation FDA writes that the company's terms and conditions state they are the property of another company. FDA contacted this other company, who said they have no relationship with the company in this letter. I can only guess this company may have copied another's terms and conditions without changing names. Who knows, but it is worth reading here. Read the 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!

Dangerous products will be cited even if they do not contain disease claims < Back Delta-8 Inhalable Product Dangerous products will be cited even if they do not contain disease claims Shocking warning letter! After writing this post for over 200 weeks, I am rarely surprised. However, this warning letter highlights some truly audacious and potentially extremely unsafe THC and mushroom vape products. FDA cited this company for selling an inhalable delta-8 THC product called “D9 Smashers Peach Mango Delta-8.” However, I found some even more over-the-top products on their website, such as these products. Some of these ingredients I’ve never heard of, and I doubt their inhalant safety has been verified. 👉From website (product contains):“ Mushroom Extract, THC-A Diamonds, THC-P D8 & D10 THC, CBD Live Resin” and “ Loaded with Delta 11, Delta 8 Live Resin, HHC., THC-P., & THC-JD.” There are also candy bars containing high amounts of THC and mushroom extracts in packaging that are considered “favorable to children.” Some of the product labels also contain cartoon characters with titles like “Darth Vapor.” Read about FDA/FTC’s thoughts on this and delta-8 safety. In previous FDA/FTC warning letters, the FTC used Section 5 as a rationale for deceptive marketing allegations when delta-8 was sold in formats favorable to children, like gummies. I find this approach fascinating and clever. 👉“Section 5 of the FTC Act prohibits unfair or deceptive acts or practices in or affecting commerce. This prohibition includes practices that present unwarranted health or safety risks….. preventing practices that present unwarranted health and safety risks, particularly to children, is one of the Commission’s highest priorities.” So, what can we learn other than the obvious takeaways? FDA reviewed this company’s website over a long period in May and December of 2024 and then again in January 2025. I assume if the company had “gotten its act together,” it could have avoided this letter. I am not an expert on FDA processes and resource allocations, but it seems this letter should have been issued long ago. I am curious what resources we can lobby for that will help FDA get these bad products off the market sooner. I ran Apex Compliance ® on their website and found disease claims that, surprisingly, were not mentioned in this warning letter. If you are interested in a copy of the scan, send me a note. Read the full FDA warning letter . DATE ORIGINALLY POSTED: 6/4/25 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!

Use caution when discussing ingredient benefits on a commercial webpage < Back Ingredient benefit discussions can be marketing claims Use caution when discussing ingredient benefits on a commercial webpage Ingredient descriptions are considered marketing claims when used to sell a product. Today's #WarningLetterWednesday highlights this common marketing mistake. This is an example of a well-intentioned writer and webpage designer not understanding the nuances of dietary supplement marketing. If the company would have separated the ingredient benefits discussion from the product page, removed high-risk words such as infection, and noted this education is not intended to sell products, they would not have received a warning letter in my opinion. From Warning Letter: "Copper product page: Infections: A lack of copper in the diet may lower the body’s immune system. Normal intakes may help to reduce the risk of infection.” 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!

Test products like glycerin for adulterants < Back 11 Companies Cited For Not Testing For Contaminants Test products like glycerin for adulterants 11 companies were cited for failing to provide FDA information on contaminant testing for glycerin, propylene glycol, and other ingredients. These ingredients are most commonly adulterated with diethylene glycol (DEG) or ethylene glycol (EG). Warning Letter Wednesday is a weekly regulatory post where I review interesting warning letters as a way to inform our compliant manufacturing and marketing. Sign up to have this delivered to your inbox each week. 🔷These warning letters are directed at companies that make OTC and other drugs, but supplement companies can learn from these letters. Ensuring ingredients like glycerin and ethanol are tested for these possible impurities is essential. It seems FDA requires drug companies to test each batch for these contaminants. However, testing each batch of incoming supplement ingredients like glycerin is probably unnecessary if a company has verified the supplier and has SOPs and documentation to support reduced adulterant testing. In the past, I only tested my glycerin annually for DEG, but I had years of data to support this reduced testing. At the very least, testing annually or when changing vendors is a good idea. 👉 Other known contaminants are melamine in milk and methanol in ethanol. What other known contaminants does your company test for? 🔷Five of these companies never responded to FDA’s request for information. Not responding to FDA records requests is a prohibited act, which is serious. 🔷Nine of the companies who received warning letters are from other countries like India, South Korea, and Canada. Products from these companies have been placed on Import Alerts, meaning products may be detained, and entry into the US may be refused. Here is FDA’s “Testing of Glycerin, Propylene Glycol, Maltitol Solution, Hydrogenated Starch Hydrolysate, Sorbitol Solution, and Other High-Risk Drug Components for Diethylene Glycol and Ethylene Glycol” document . 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 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

< Back Webinar Wednesday Dec 3, 2025 Regulatory Reality Check: What Supplement Brands Need to Know About the Healthspan Category Naturally Informed Webinar Consumers aren’t just living longer... they want to live better. Consumers are demanding more than just longer lifespans—they’re seeking healthspan . This shift is transforming the supplement and functional foods markets. With global sales for older adult supplements projected to hit $265 billion by 2032, now is the time to understand where the market is headed—and how your brand or business can lead. At this three-day virtual event, you’ll hear from world-class experts covering: - The latest research in aging, longevity, and performance - Nutrition, lifestyle, and formulation insights driving product success - Opportunities in women’s health, mobility, cognition, and beauty-from-within - Marketing and regulatory perspectives shaping this high-growth sector Learn more and register Previous Next

Sponsored children’s content has increased disclosure requirements < Back Sponsored Video Disclosures: Found Incomplete Sponsored children’s content has increased disclosure requirements Videos must disclose material connections when making sponsored content. Here, we learn more about when material connection is needed and what constitutes disclosure, especially when children’s advertising is involved. In this NAD case, the very popular children’s YouTube channel Vlad and Nikki (405 million subscribers, 220 billion views) was cited for not properly disclosing material connections when marketing their own Vlad-and-Niki-branded products. One would think that the material connection is obvious, but here’s NAD’s thinking on the topic. From NAD. “CARU determined that not only does the relationship between Vlad and Niki’s videos and the advertiser, who is the party of the licensing and merchandising agreements, constitute a material connection, but because CMG is required to produce the videos under the terms of the agreement and shares in the revenue generated by sales of the Vlad-and-Niki branded products, CMG is also considered an endorser of the products.” Read more about influencer disclosure and best practices here . In some cases, these types of disclosures are appropriate, but as NAD states, they are not sufficient when children are involved. From NAD. “Other Sponsored Videos used language that CARU and the Federal Trade Commission (FTC) do not consider to be clear to children, such as “sponsored by” or “paid promotion” or the “#ad” disclosure in the description box of the video.” From NAD. “CARU recommends that … include language, in both text and audio in the video itself that is clear for children to understand, to clearly and conspicuously disclose the material connection to the video’s sponsor at standardized times (beginning and end and, for longer videos, after each ad break).” We can expect more of these “material connection disclosure” cases as the creator economy grows. The moral of the story is “When in doubt, disclose,” which can mean verbal and written disclosures. For support with influencer marketing compliance and guidance on how to market your products truthfully and effectively, contact me for a free consult. I love this stuff! Read the NAD case comments 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!

Replace “high risk” words with lower risk alternatives < Back Using words such as “inflammation” increase warning letter chances Replace “high risk” words with lower risk alternatives #WarningLetterWednesday High risk words should be avoided in all forms of marketing. The words "inflammation" or "anti-inflammatory" is being referenced in many warning letters. Read full warning letter here . If truthful and not misleading replacing "inflammation" with words such as discomfort, soothe, support-comfort, body-resilience can help convey a marketing message in a lower risk manner. 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!

Informational blogs on a commercial website are considered “labeling” < Back Learning targets: Blogs, risky words, testimonials, ingredient benefits Informational blogs on a commercial website are considered “labeling” Today's #WarningLetterWednesday is an important reminder that blogs, testimonials, and discussing ingredient benefits can easily cross the line into claims, especially when filled with high-risk buzzwords! 🔷The FDA and FTC look for a material connection. The material connection was evident in this warning letter, as there's a hyperlink (Call To Action) to a shopping cart, as noted here. ➡️From warning letter: On the "Prevent MRSA Infection" blog post ... which hyperlinks to the product webpage for B Complex. 🔷I discuss best practices for reducing risks on blogs here . 👓 🔷Ingredient descriptions on a commercial website may be implied product claims. I discuss this here . 🔷A good strategy is to ensure ingredient education is free of high-risk "buzzwords" or disease claims. Some examples are anti-inflammatory, insomnia, or anything ending in "itis" (arthritis). Here is a WLW post and video about this from a few months back. 🔷Product testimonials can be marketing claims, especially as they're highlighted in this company's "Customer Stories" section. ➡️From warning letter: "'I have been taking CellRenew since May of 2003. . . . This product has kept my arthritis at bay. . . .'" This company talks about viruses that are top of mind for the FDA, and I am unsurprised by this warning letter. Good job, Denver office! We've seen the Denver office focus on claims made in blogs before, a cautionary tale for companies in their district. Read the full warning letter here . Follow 👉My Warning Letter Wednesday LinkedIn Group for early WLW access. 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!

Review old social posts for regulatory “landmines” < Back Seven-Year-Old Facebook Post Leads To Warning Letter Review old social posts for regulatory “landmines” This company received a warning letter for claims made on its website and old social media posts. The oldest post cited in this letter is from 2016, which shows that even old and potentially “forgotten” social posts are active marketing in the eyes of the authorities. Many companies now have “clean” marketing, but they may have inadvertently overlooked the regulatory landmines in their old socials. Now is the time to review and update these old posts (and old blogs). Sign up for this weekly email ! 🔷 Some very high-risk language on Facebook is cited in the letter. 👉 From warning letter.” In a July 29, 2017 post: “Can Plaquex® help prevent cancer?...When I linked the facts of these three independent information sources, the thought came to me, that Plaquex® – Phosphatidylcholine – may be able to prevent cancer.” 🔷 Following the “breadcrumbs” in warning letters is always fun. For example, in this letter, FDA notes that the Facebook page links to a website (book-selling site) that links to another website where customers can order supplements. FDA rarely references anything over “two clicks,” which is what makes this so interesting. FYI, the two-click rule is an urban legend and, as demonstrated in this letter, does not protect from disease claim enforcement. This “commercial bridge” is important, as it’s often cited in warning letters. 🔷 Unfortunately, this warning letter has not stopped the company from continuing to make very high-risk claims, such as statements about ingredients being antidepressant and antiarthritic. Read the full letter . 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 Panel Discussion Thursday Mar 24, 2022 2022 Regulatory and Compliance Update NoCo Hemp Expo, Denver, CO Speakers: Josh Hendrix , Jonathan Miller , Asa Waldstein , Samantha Walsh , Marielle Weintraub Today, there are a number of congressional bills and legislative and regulatory activity that can have an impact the hemp industry. Join this expert panel for an overview and analysis of key political, policy and regulatory activity that require the hemp industry’s attention, and how producers and marketers of CBD and other cannabinoids, in particular, can remain compliant in the face of USDA, FDA, EPA and other regulatory oversight. Learn More Previous Next

All marketing is “labeling” < Back Topical Product Claims Turn Magnesium Oil Into Drug All marketing is “labeling” FDA cited this company for selling a topical magnesium product that also contains ingredients like fulvic acid, vitamin B6, and MSM. Based on website claims FDA concluded the product was an analgesic drug. Here are some of the cited claims from the warning letter. “For muscle cramps or pains, spray directly on problem area.” “Designed to provide relief from body tension and soreness.” “Leg cramps and muscle soreness,” along with “migraines, insomnia, [and] fatigue.” FDA classified this as a “topical external analgesic (OTC) drug subject to section 505G of the FD&C Act, 21 U.S.C. 355h,” which is allowed if the product is made using a specific OTC monograph (recipe) under applicable GMPs. Since the product did not follow the monograph, primarily because other “active” ingredients like MSM are not on the monograph, FDA deemed this product an unapproved new drug. To be fair, the other sections of the warning letter contain very serious disease claims like “cancer” and “depression,” which are likely the primary reason reasons for the letter. Some warning letters like this are very comprehensive and may cite “secondary” claims, which may not be enough to trigger a letter on its own. In the case of the magnesium oil, I doubt making claims about pain or soreness is enough for agency action, but listing diseases related to magnesium deficiency, such as insomnia, and then suggesting the product can address these deficiencies is high risk. I have seen some companies use the nutrient deficiency and disease claim strategy on dietary supplements, which is out of my risk tolerance, but when used on topical products that do not provide absorbable nutrients, it goes too far. As a friendly reminder, topical non-drug products are not allowed to “affect the structure or any function of the body,” which supplements are permitted to do. So would a topical product with a “relieve and soothe” claim attract a warning letter? This is unlikely unless there were adjacent claims like “helps with arthritis,” which turned the product into a drug. Read the 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!