In this short video, FDA compliance attorney Lisa Capote of Capote Law Firm covers how dietary supplement brands can market their products compliantly under FDA and FTC rules. Watch below, then read the full transcript.
Full Transcript
Marketing dietary supplements effectively — while staying on the right side of FDA and FTC regulations — is one of the most common challenges supplement brands face. The rules aren’t complicated once you understand them, but violating them can be costly. FDA and FTC regularly take enforcement action against brands that make unlawful claims, and a single warning letter can disrupt your entire business.
The key principle is this: dietary supplements can only carry structure/function claims — statements about how a nutrient or ingredient affects the structure or function of the body. You cannot claim that your product treats, cures, mitigates, or prevents any disease. That type of language transforms your supplement into an unapproved new drug. Every structure/function claim must also be accompanied by the required FDA disclaimer: “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”
FTC rules layer on top of FDA requirements. All advertising claims must be truthful, not misleading, and substantiated by competent and reliable scientific evidence. Testimonials and influencer posts that imply disease benefits are just as risky as claims on your label. Review your website, social media, and Amazon listings with the same care you apply to your product labels.
👉 Contact Capote Law Firm today for expert FDA and FTC compliance guidance for your dietary supplement brand.