Product Reviews Become Marketing Claims
Blogs are “labeling”
Do you have product reviews on your website? In general, FDA is “hands off” with true 3rd party, non-curated, non-compensated honest reviews unless they have been endorsed. Here are some examples of how companies endorse testimonials, which turns them into marketing claims.
Showcasing reviews: This is when reviews are in a banner or highlighted in some way. This includes using them in social media posts.
Engaging with reviews: In this warning letter, the company has dozens of customer reviews with disease words relating to things like neuralgia and arthritis. This company’s product reviews appear to come through a third-party widget like TrustPilot, and these types of “third-party” reviews are typically not cited in warning letters unless the company has commented on them. This engagement endorses the review and converts it to a marketing claim in the eyes of the agencies. This includes companies “Liking” or “Saying Thanks” to customer reviews on their social media wall. Of all the disease-containing reviews on the website FDA only mentions the ones that the company responded to, which is why I suggest “fighting the urge” to engage with reviews that contain disease or outlandish claims.
Here is an example from this warning letter.
- From warning letter. “January 25, 2023 customer review states, “Best place for CBD oil. Really helps my older dog’s arthritis pain”
- (company) replied, “Thank you… We are grateful to provide great service and products that help to our community. Glad to hear that it’s helping ease your dog’s pain.”
Blogs are “labeling.”
At Supplement Advisory Group, I am often asked if blogs are marketing claims. If the blog discusses ingredients that are in products sold on the website, these are marketing claims that can lead to regulatory issues, even if there is no cross-linking or hyperlinking to product pages or a shopping cart.
From a blog cited in the warning letter: “CBD may protect nerve cells from deteriorating, and a study from Frontiers in Pharmacology found that CBD can significantly decrease the negative effects of Alzheimer[‘]s and also improve cognitive ability.”
This warning letter includes claims made about animal “supplements.” I have written about FDA’s enforcement view of pet product claims here.
This is also a CBD warning letter, which is uncommon these days. Hey, supplement and CBD companies, FDA is watching, and this warning letter could have been easily avoided. Let’s set up some time to meet for free, and I would be happy to help point you in the right direction. I’ve dedicated my life to understanding the nuances of truthful marketing compliance. I would be glad to donate some time to help support your compliance. I also run a consulting company that can help with all levels of support, such as website reviews, listing support, and more.
Read the full letter here.
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