Suggestive Words Like “May Help” Do Not Allow Risky Marketing Claims
Implied marketing statements should be compliant
I like to think of suggestive words like “may” and “could” as the compliance version of “with all due respect.” If I say “with all due respect” to someone, it doesn’t allow me to say whatever I want. The same is true with marketing statements.
In this warning letter, the company was cited for making many suggestive disease claims. Marketers can learn what not to do from these examples.
From warning letter.
“Maca may also help…lower blood pressure ….”
“It is known for aiding in…constipation, diarrhea, and diabetes!”
It’s thought to be particularly effective against allergies and sinus infections.”
“It’s often used as a folk remedy for…the common cold and flu.”
This is a shorter Warning Letter Wednesday than normal as I’m attending the Organic and Natural Health Association conference in Florida, where I’m presenting Apex Compliance and participating in an "Amazon: Opportunities and Threats" panel.
Read the full warning 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.