Dietary Supplement Promotion and Advertising

In addition to assisting with Food and Drug Administration (FDA) compliance and enforcement matters, OFW Law’s attorneys and advisors counsel dietary ingredient and dietary supplement clients on promotion and advertising matters, in both traditional and new digital media, subject to federal regulation by the Federal Trade Commission (FTC) and to self-regulation before the National Advertising Division (NAD) of the Council of Better Business Bureaus.

Our advertising work for our dietary supplement clients has included:

  • Joint NAD/CRN initiative to increase consumer confidence in advertising claims and to foster fair competition
  • Advertising review prior to dissemination
  • Claim substantiation
    • Establishing a "reasonable basis" of "competent and reliable scientific evidence" as substantiation for objective claims
    • Review of clinical data and other evidence
    • Development of substantiation dossiers
    • Developing claims based upon data
    • Designing clinical trials to substantiate claims
  • Identifying express and implied claims
  • Disclosing qualifying information clearly and conspicuously
  • Requisite consistency with FDA standards for nutrient content claims and health claims
  • Establishment claims
  • Comparative claims
  • Consumer testimonial and expert endorsement claims
  • Traditional use claims
  • "Doctor recommended" claims
  • Weight loss claims
  • "Green" claims
  • Social media

For more information about our services, contact OFW Law’s Washington D.C. offices by telephone at (202) 789-1212 or complete our online contact form. We look forward to working with you.