The Guide is divided into three main sections. The first two sections explain how the FTC identifies the claims conveyed by an ad and how it evaluates the adequacy of the substantiation for those claims. The third section covers consumer testimonials, expert endorsements, and advertising claims based on historical or traditional use of supplements. Bernstein and her staff underscored that the FTC will continue to maintain an active enforcement presence in the dietary supplement industry, giving priority to cases that present serious safety considerations or affect sick and vulnerable consumers. In the coming months, FTC staff will also be working with industry groups to encourage and support self-regulatory efforts.
Industry has a critical stake here.
The FTC also released a report on a research project conducted by the staff on a number of issues relating to how consumers interpret food and supplement advertising claims. Among the issues addressed in that report is how consumers interpret claims based on emerging science and what disclosures are effective in conveying the limitations of the scientific support for a claimed health benefit. The Commission vote to approve release of the Business Guide was 4-0.