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Old posts are "active" marketing < Back "Forgotten" Old Social Media Posts Old posts are "active" marketing “Forgotten” social media posts from years ago are active marketing and are fair game for enforcement. Today, I’ll explore old social media warning letter citations that include retweeting, images, videos, LinkedIn, hashtags, and more. Retweeting: Retweeting (or is it called ReXing (smiles)) and reposting are considered endorsing the testimonial claim. For example, if a consumer wrote something nice about your product and you retweeted it, the information in the consumer tweet would now be your marketing. The risk increases if you add commentary such as “This is why we made the product.” → From warning letter. “You retweeted another user’s September 26, 2014 tweet, which said, “#lipoicacid [an ingredient in your …R-Lipoic Acid Vegcaps 100 mg] model treats autonomic neuropathy.” → Read this warning letter . LinkedIn: Warning letters that mention claims on LinkedIn are rare, and they usually cite issues on a company’s company page rather than individual posts or claims made in easily searchable disease hashtags like # Covid. In the past, it seemed like LinkedIn did not allow posts to be indexed for Google searches, but in the past couple of months this has seemed to change, meaning that old posts are more discoverable. Because of this, I expect more LinkedIn-related warning letters this year. Images and videos: FDA also cited claims made in images and videos. Here are some examples of 4.5-year-old Facebook and Twitter posts. ● IMAGES: This post shows that imagery, especially when added to the disease-word-containing text, can be considered marketing. Here’s a recent LinkedIn post about this. → From warning letter. February 9, 2019 Twitter post: An image of the “Vision Clarity Eye Drops” with the text, “Carnosine, a cataracts worst nightmare.” ● VIDEOS: This Facebook video also shows that even making implied claims can lead to a warning letter. → From warning letter. “July 11, 2019 Facebook video post. “We do not make any medical claims nor guarantees on any specific health issue, but we are very thankful that for over 10 years, people have been able to avoid having cataract surgery because they’ve used these drops.” → Read this letter . Hashtags: Here’s a 2019 post that includes hashtags. Hashtags are easily searchable and are easy targets for agencies looking for disease-containing posts. → From warning letter. “On your April 26, 2019 tweet: “Make Nutrovape Recover your best friend and say adios to a #hangover!” I am writing this from a beautiful beach overlook in Whangarei, New Zealand, where the birdsongs and water make an excellent place for concentration and relaxation. 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!

What hemp leaders have learned about compensation and recruitment strategies in a young industry < Back Hiring and Recruiting Practices Hemp Industry Daily staff Interview What hemp leaders have learned about compensation and recruitment strategies in a young industry Read More Previous Next

How we work together Free Introduction $ 0 0$ 15 Minute Meeting (one time) Valid for one month Select Review socials, web, marketing materials, business strategy or just chat. Silver $ 250 250$ Services provided on a per hour basis Select All services available (3 hour minimum) $250 per hour Gold $ 0 0$ Hire me on retainer Free Plan Select On call regulatory consultant: GMP's & more Plans starting at just 5 hours per month Discounted rate applies for 3/6/9 month contracts Platinum $ 0 0$ Hire me on a project basis Free Plan Select This can include soup to nuts go to market services Full website and marketing review Content writing services

“Extra” claims are often non-compliant < Back OTC Topical “Inactive” Ingredient Marketing Claims “Extra” claims are often non-compliant This warning letter involves claims made about a topical OTC menthol product. OTC products must follow monographs. These are essentially recipe books that guide the ingredients, dosages, labeling, and claims that products are allowed to be made. This is how OTC products are permitted to make claims like “Arthritis Pain Relief” that are out of bounds for cosmetic and personal care products. To check if a product is an OTC topical product or not, check the label. If it lists “Drug Facts” and lists “Inactive Ingredients” it is labeled as an OTC drug. This is another reason why cosmetic product labels should not list ingredients in “active” or “inactive” sections, as this implies the product is a drug. The product label has several violations cited in the warning letter. This shows that the product name is non-compliant and that therapeutic claims made about inactive ingredients are also not complaint. For all my regulatory nerds out there, here is a copy of the label I found online. 👉 From warning letter. “Temporarily relieves minor pain associated with cramps” [from the product label] 👉 From warning letter. “Menstrual Cramp RELIEF CREAM” 👉 From warning letter. “We believe in the power of plants and their therapeutic properties to offer solutions for menstrual discomforts.” The moral of the story is that OTC topicals provide a gateway to making otherwise risky and forbidden claims, but the rules are narrow and don’t allow for extra marketing statements, which can increase the likelihood of regulatory action. There are also drug-related GMP violations in this warning letter, which is worth reading. DATE ORIGINALLY POSTED: 4/16/25 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!

AI-powered proprietary technology could help the nutraceutical industry navigate the complexities of the regulatory world by finding – and replacing – risky marketing phrases on company websites. < Back AI-powered tech makes customised regulatory compliance possible Anthony Fletcher Interview AI-powered proprietary technology could help the nutraceutical industry navigate the complexities of the regulatory world by finding – and replacing – risky marketing phrases on company websites. Read More Previous Next

Hemp Industry 2023 Opportunities Report < Back FDA Warning Letters, activity and actions in 2022 and what that means for 2023 Let's Talk Hemp Contributing Author Hemp Industry 2023 Opportunities Report Read More Previous Next

In his quarterly update, consultant Asa Waldstein identifies trends in FDA warning letters impacting manufacturers and marketers of dietary supplements. < Back Q1 warning letter roundup with Asa Waldstein Asa Waldstein Guest Article In his quarterly update, consultant Asa Waldstein identifies trends in FDA warning letters impacting manufacturers and marketers of dietary supplements. 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 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

Some of our favorite resources to help educate about cGMP manufacturing compliance. cGMP Guidance / cGMP Guidance These are common areas of enforcement and lawsuits.Here are some resources to help understand these regulations. New Cosmetic Regulations Webinar: cGMP Basics for Hemp-CBD Companies. This is an excellent training tool for your supplement or hemp company! Webinar: Preparing for FDA cGMP Facility Inspections Preparing for FDA Inspections: Fireside Chat Webinar Back

Some of our favorite resources to help educate about influencer marketing and product review compliance. Influencer Marketing & Reviews / Influencer Marketing & Product Reviews These are common areas of enforcement and lawsuits.Here are some resources to help understand these regulations. Product reviews and testimonials podcast: Justin Prochnow How influencers can comply with FTC disclosure guidelines video FTC's Disclosures 101 for social media influencers FTC's featuring online customer reviews: A guide for platforms Influencers and CBD: Interview with Asa and a popular influencer Back