In this short video, FDA compliance attorney Lisa Capote of Capote Law Firm covers key FDA compliance guidance. Watch below, then read the full transcript.
Video Transcript
Hey there. I’m Lisa Capote, an FDA compliance attorney. This one is specifically for private brand owners and influencers who are selling or promoting dietary supplements — because the FDA’s rules apply to you too, and many of you don’t realize it.
If you’re launching your own supplement brand — even if you’re using a contract manufacturer — you are a responsible party under FDA regulations. That means the product bearing your name must comply with cGMP requirements, labeling regulations, and claims rules.
You can’t just rely on your contract manufacturer to handle compliance. You need to verify that they are operating under proper cGMP conditions, conduct supplier qualification, and ensure that the labels and claims on your product are accurate and compliant.
For influencers who are promoting dietary supplements — especially if you’re using affiliate links or promoting products for compensation — the FTC’s endorsement guidelines apply to you. You must disclose your material connection, and you cannot make claims about a product that aren’t truthful and substantiated.
If the claims you make in your content would be considered drug claims under FDA law, promoting those products could expose you to significant liability.
The supplement market is growing, but so is regulatory scrutiny. Whether you’re launching a brand or promoting products, make sure you understand your obligations. We can help. Reach out anytime.
Have FDA compliance questions? Contact Capote Law Firm or call (786) 207-1174.