Marketing Red Flags for Dietary Supplements

Marketing Red Flags for Dietary Supplements

Presented: October 25, 2012

Published: Thursday, October 25, 2012

The 135-minute "Marketing 'Red Flags' for Dietary Supplements" teleseminar focuses on a number of regulatory compliance challenges that the dietary supplement industry encounters in its efforts to navigate regulatory compliance while creating successful product marketing campaigns.
Are you responsible for testimonials about products made by others? What can you say on your website? What can you name your product? How much and what kind of information do you need to substantiate a claim? How about explicit claims? Implicit claims? Health claims? Environmental claims? What about the "2-Click Rule"?
Hear from representatives of the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), who will outline their agencies' regulatory authority and discuss recent regulatory actions.
Participants will also hear from attorneys with expertise in the field of food and drug law, including the corporate counsel for market leader Amway about how its legal and marketing departments work together to craft compliant and potent marketing and labeling and related information.
Highlights include:
  • How compliance with FDA doesn't always mean compliance with FTC
  • Who is liable for third-party claims
  • How to avoid labeling violations that are contradictory and misleading
  • Explicit and implicit claims--how to avoid being investigated
A suite of additional documents and resources, including PowerPoint presentations and various FDA- and FTC claims-related documents, accompanies the audio recording.

Presenters and Topics:

Anthony Young, Kleinfeld, Kaplan & Becker LLC 
Anthony Young has extensive expertise in all matters relating to the administration of the Federal Food, Drug, and Cosmetic Act and related laws. He currently serves as general counsel to the AmericanHerbal Products Association (AHPA).   
Dietary Supplement Marketing Legal Considerations
  1. Claims Legal overview and by-category review 
    • Dietary supplements/foods/ingredient suppliers
    • Health Claims
    • Structure/function claims'
    • Medical foods
    • Dietary guidance
    • Nutritional support

2. Cosmetics/personal care

3. OTC

Corey Hilmas, Ph.D., Center for Food Safety and Applied Nutrition Regulations Implementation Division, Food and Drug Administration 
Corey Hilmas is a senior toxicologist, physician, and team leader for FDA's Dietary Supplement Programs Division, who reviews product labeling, claims, dietary ingredient safety, and other aspects of dietary supplement regulation.
Karen Mandel, Bureau of Consumer Protection, Federal Trade Commission 
Karen Mandel is an attorney in the Advertising Division of the Federal Trade Commission’s Bureau of Consumer Protection, where she works on a variety of law enforcement matters.

Dietary Supplements Regulatory Overview

  • Overview of regulatory authority/jurisdiction
  • Enforcement areas
  • What triggers the attention of the agency?
  • Claims substantiation
  • Recent case studies
Patricia Linscott, Corporate Counsel, Amway Global Corporation 
Patricia Linscott is a senior attorney for Amway Global Corporation and works directly with Amway’s marketing department on issues concerning product claims.
Maximizing Marketing: From the Perspective of Inside Counsel
  • Challenges of regulatory compliance and making the marketing group happy
  • A case study: practical and anecdotal information on how it's done at
  • Amway ("hot buttons," helpful resources, etc.)

PLUS, FDA's Daniel Fabricant, Ph.D., director of FDA’s Division of Dietary Supplement Programs, and Julia Ensor from FTC’s "Green Team," which recently issued an update to its Green Guides, join the Q&A session.

Teleseminar materials include:

Teleseminar presentation files:

  • Where to Look for Red Flagged Claims and How To Assess Risk by Anthony Young
  • FTC Updates by Karen Mandel
  • Red Flags in Marketing: Labels, Labeling, and Claims by Corey J. Hilmas, Ph.D.
  • Maximizing Marketing: From the Perspective of Inside Counsel by Patricia Linscott
  • Guides for the Use of Environmental Marketing Claims
  • The FTC's Revised Endorsement Guides: What People are Asking
  • Guides Concerning the Use of Endorsements and Testimonials in Advertising
  • Green Guides Summary of Proposal
  • FDA Guidance for Industry: Substantiation for Dietary SupplementClaims
  • FDA Health Fraud Scams...are Everywhere
  • FDA Claims Preamble
  • Structure/Function Claims Small Entity Compliance Guide
  • Dietary Supplements: An Advertising Guide for Industry
  • And Audio files

Member Price: $220.00
Non-Member Price: $520.00


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