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YouTube Claims Lead To Warning Letter

Claims in videos are “fair game” for enforcement

YouTube Claims Lead To Warning Letter

YouTube video claims lead to a warning letter. The claims cited in this letter are not from people talking but from image text on the screen. This is the first time I have seen image text, not spoken words in a video, called out in a warning letter.

This is the seventh warning letter this year that mentions claims made on YouTube. The FDA’s YouTube video search capabilities must have improved, and we can expect more enforcement of videos in the near future. Interestingly, I have found only one warning letter ever that mentions claims made on the Vimeo platform.

Claims made on videos pique my interest, as YouTube video claims were nearly almost nonexistent a few years ago.

I'm sometimes asked if purely educational video channels are fair game for FDA enforcement. My answer is “kind of” unless there is a commercial or material bridge; a URL on the channel, or In the comments that link back to where consumers can purchase similar products. No link to commerce = low risk of enforcement. The video cited in this letter provides a link to the commercial website in one of the video comments.

From warning letter: “COCA LEAF REDUCES EATING ANXIETY ISSUES” at approximately 0:43sec in the video.”
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.

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