was Nature's Inventory All Natural Wellness Oil, now Advertising and Labeling Claims (warning:Long and Boring)

[Guest guest]

Well, yes and no. As with most regulatory matters, it's very complicated and

confusing and ultimately not very helpful. When you have a few sleepless nights,

feel free to read this one on the FTC's website:

 

http://tinyurl.com/5eykw6

 

Then, more specifically to dietary supplements:

 

http://tinyurl.com/5lo3wp

 

Note that the FTC governs advertising claims (including statements made on

websites) and the FDA governs labeling claims. If you scroll down to Endnotes,

#2, it discusses labeling claims and disclaimers. As you can see, this applies

to labeling, not advertising. Certain types of claims, but not all, can be made

on the label if using the disclaimer Anya was referring to in her recent post.

Here's the excerpt:

 

" 2. Under DSHEA, supplement marketers are allowed to make two kinds of claims on

labeling: 1) health claims specifically authorized by the FDA; and 2) statements

of nutritional support. Health claims — representations about the relationship

between a nutrient and a disease or health-related condition — are permitted

only if they have been authorized by an FDA finding that there is " significant

scientific agreement " to support the claim. The Food and Drug Administration

Modernization Act of 1997 (FDAMA) also now allows health claims that are based

on " authoritative statements " from certain federal scientific bodies, such as

NIH and the National Academy of Sciences. Aside from these authorized claims,

supplement marketers are prohibited from making any labeling claim about the

diagnosis, mitigation, treatment or cure of a disease. In contrast to health

claims, " structure/function " claims, within the broader category of " statements

of nutritional

support, " refer to representations about a dietary supplement’s effect on the

structure or function of the body for maintenance of good health and nutrition.

Structure/function claims are not subject to FDA pre-authorization. A marketer

may make these claims in labeling if it notifies FDA and includes a disclaimer

that the claim has not been evaluated by FDA and that the product is not

intended to diagnose, mitigate, treat, cure, or prevent disease. DSHEA also

requires that structure/function claims in labeling be substantiated and be

truthful and not misleading. This requirement is fully consistent with the

FTC’s standard that advertising claims be truthful, not misleading and

substantiated. "

 

Yaaaaaaaawn...oh, excuse me...

 

Well, I sure am glad I'm not in that industry. I'd never know what side of the

law I was on.

 

Happy reading/snoozing!

 

Patty

 

 

--- On Mon, 8/25/08, Rachel Markel <ramarkel wrote:

 

Thank you for the information but you still cannot make any claims. Once you do

you are now marketing a " drug. " The Federal Trade Commission

offers very clear and concise language in regards to this use of words

like; antibacterial, antiviral, anti fungal, antimicrobial and so on.

Quite frankly, you just don't go there! This is precisely what has given

Aromatherapy in the US a very bad rap.