5 product claims you didn't know could get you into trouble

5 Slides

Most industry veterans know that the federal government regulates health claims very carefully, the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) share jurisdiction over food and dietary supplement labeling and advertising, and positioning your product as the next cure for cancer is a big no-no.

But there are a number of less obvious and often forgotten rules to keep in mind when developing marketing claims for your products. Here are the first five in our two-part series of ten claims that perhaps you never knew could get you in trouble. 

About the Author(s)

Ivan Wasserman

Partner, Amin Talati Upadhye

Ivan Wasserman is one of the nation’s premier attorneys for health, wellness, beauty and other consumer products. Companies of all sizes making, marketing and selling food, dietary supplements, cosmetics, over-the-counter drugs and medical devices praise the depth of his knowledge and experience, his humor and his ability to maintain the human perspective while leading them through this heavily regulated landscape. Frequently cited by the media as a legal authority, Ivan helps his clients launch products and create and execute advertising campaigns that match the clinical evidence they have for their products, paying close attention to the changing rules governing internet marketing, consumer testimonials and social media.

Ivan advocates for clients subject to the often overlapping jurisdictions of the U.S. Food and Drug Administration, the Federal Trade Commission,  and the U.S. Consumer Product Safety Commission.   When advertising disputes arise, he regularly represents companies before the National Advertising Division (NAD) and the Electronic Retailing Self-Regulation Program (ERSP). He has been included in Best Lawyers in America from 2007 – 2017.

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