FTC released its revised Health Products Compliance Guidance in December 2022, and the guidance contains some important changes for natural products brands to be aware of. There’s plenty to unpack from this latest update, from changes to claims evaluation, endorsements, and testimonials to strengthening evidence standards and more. Here’s what health products brands need to know about this regulatory update.
Key Updates to FTC’s Guidance
FTC has made several major updates to its guidance as a whole as well as to key elements of the Health Products Compliance Guidance. The new guidance reiterates and expands upon the basic advertising principles for health products, says Claudia A. Lewis, co-chair of the FDA Group at law firm Venable LLP (Washington, DC). In this new guidance, FTC has updated its method of identifying and interpreting claims, as well as the scientific evidence needed to support such claims.
“The 2022 guidance expands beyond dietary supplements to all manner of health products,” Lewis explains. “This includes cosmetics, food, OTC drugs, and some medical devices. The new guidance also updates several topics related to how claims are substantiated, the adequacy of clinical studies and interpretation of study results, and consumer testimonials and expert endorsements.”
Broadly speaking, Lewis says the new guidance dictates that advertisements must be truthful and not misleading and must be substantiated by competent and...
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