Learning targets: Blogs, risky words, testimonials, ingredient benefits
Informational blogs on a commercial website are considered “labeling”
Today’s Warning Letter Wednesday 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.
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