The Federal Trade Commission (FTC) announced its Health Products Compliance Guidance on December 20, 2022. The 2022 guidance updates and replaces the FTC's 1998 guidance, Dietary Supplements: An Advertising Guide for Industry. The scope of the new guidance is expanded to cover essentially all health-related product advertising. The guidance also discusses in greater detail the amount and type of evidence required to substantiate health-related product claims through illustrative examples, and clarifies the interrelationship between the FTC and the US Food and Drug Administration (FDA) as it applies to health-related product promotion.
While the substantiation requirements remain essentially unchanged, the 2022 guidance memorializes decades of case law and enforcement actions applicable to “any health-related product,” such as foods, over-the-counter drugs, devices and homeopathic products. Since the 1998 guidance issued, marketing techniques, consumer sophistication and health concerns have significantly transformed, requiring FTC to consider novel issues. The 2022 guidance reflects these changes and provides greater insight into current practices that may be considered deceptive advertising.
Clear and Conspicuous Disclosure Standard
The FTC requires companies to disclose all material qualifying information so that consumers can make informed decisions based on the advertisements. The 2022 guidance underscores the importance of “clear...
WASHINGTON, D.C., DC, UNITED STATES, May 6, 2026 /EINPresswire.com/ -- Brown, LLC, a nationally recognized whistleblower law firm and leader in False Claims Act (FCA) litigation, today announced t...