October 23, 2024
By:
Asa Waldstein
Product Reviews Become Marketing
Takeaway -
Don’t engage with risky reviews
In this warning letter, the company engaged with “third-party” reviews on its website, which turned them into marketing.
If product reviews are collected and displayed on a website, the agencies are generally “hands-off” as long as they are:
- Third-party
- Honest: The honest experience with the product. Here’s an FTC case concerning Google and I Heart Radio from a couple of years ago.
- Not solicited: Such as “a free product for a favorable review.”
- Non-curated: Don’t favor positive reviews. Also, conglomerating reviews on a “Reviews” page can be considered curation.
- Non-compensated: No paid influencers or free products unless disclosed.
- Not showcased: Such as those highlighted in a banner or a social media image.
- Not engaged with: These reviews become marketing when a company showcases them in a banner or social media post or engages with them on their website or social media. When in doubt, don’t engage is a good rule for product reviews and testimonials.
- Not hidden negative reviews: FTC pays attention to companies hiding negative reviews, and, in some cases, hands down big fines, such as this $4.2 million case against Fashion Nova.
Some companies go the extra mile and delete any reviews or testimonials that contain disease words. This is fine as long as you have a documented policy that treats positive and negative reviews the same.
Here’s an example from the warning letter.
- From warning letter: “January 24, 2023 customer review states, “I have been using this CBD for my pup who has seizures for some time, since starting CBD she has not had one. I like that there are no unnecessary ingredients, and she takes it with no problems.”
- (company) replied, “Thank you for the review, (b)(6) That is amazing news – we are so glad to hear that your pup’s seizures stopped!!!”
There is so much more to this warning letter. Read it 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.
Written by
Asa Waldstein
Asa Waldstein is a 24-year veteran of the dietary supplement industry, with experience spanning manufacturing, marketing, and regulatory compliance. He is the principal of Apex Compliance, a software company dedicated to streamlining regulatory marketing compliance for the dietary supplement and natural products sectors. Asa also leads Supplement Advisory Group, a boutique consultancy focused on marketing risk analysis, labeling, and practical compliance strategies for websites and social media. Asa has helped oversee three FDA GMP inspections with no 483s and was honored with the 2023 AHPA Herbal Hero Award and the 2024 What's Up Supps Policy and Change Agent Award. He currently serves as Chair of the American Herbal Products Association’s (AHPA) Cannabis Committee, helping shape policy and industry best practices