January 24, 2024
By:
Asa Waldstein
Suggestive Words Like “May Help” Do Not Allow Risky Marketing Claims
Takeaway -
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 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