Supplement Marketing Rules: What You Can and Can't Claim

1. Types of Claims

2. The Required Disclaimer

Structure/function claims on labels must be accompanied by a statement that the claim hasn't been evaluated by the FDA and that the product isn't intended to diagnose, treat, cure or prevent any disease. Companies must also notify the FDA of structure/function claims.

3. FTC Substantiation

• Advertising claims must be truthful and not misleading
• Health claims generally need competent and reliable scientific evidence
• Testimonials and influencer posts count as advertising
• Before-and-after results must reflect typical outcomes or be clearly qualified

4. Examples of Compliant vs Non-Compliant Claims

Compliant structure/function claims might include 'supports muscle recovery after exercise' or 'helps maintain healthy joints.' Non-compliant disease claims include 'reduces arthritis pain,' 'treats depression' or 'prevents heart disease.' Even implied claims through images, testimonials or product names can be problematic if they suggest treating a disease.

Review all marketing materials, including social media posts and influencer content.

5. Substantiation Requirements

The FTC expects health claims to be backed by competent and reliable scientific evidence, often meaning well-designed human studies relevant to the product and dose. Keep a file of supporting research for every claim you make.

6. Consequences of Non-Compliance

Companies making false or unsupported claims can face warning letters, fines, product seizures and lawsuits.

7. Influencer and Testimonial Rules

Brands are responsible for claims made by influencers and affiliates promoting their products. Influencers must clearly disclose paid relationships, and testimonials must reflect typical results or be clearly qualified. Providing influencers with approved talking points and monitoring their content helps reduce compliance risk.

Review the FTC's endorsement guides and keep records of influencer agreements.

8. Building a Compliance Process

Create a simple review process for all marketing materials: check claims against the evidence file, confirm the FDA disclaimer appears where required, review images and testimonials for implied disease claims and have a regulatory professional approve major campaigns. Train staff and influencers on what they can and can't say.

Regular audits of your website, packaging and social channels help catch issues early.

9. Final Tip

When unsure about a claim, use softer, supportive language and back it with evidence. Consulting a regulatory specialist before launching marketing campaigns can prevent expensive enforcement actions later.