5 product claims you didn't know could get you into trouble
![5 product claims you didn't know could get you into trouble 5 product claims you didn't know could get you into trouble](https://eu-images.contentstack.com/v3/assets/blt09e5e63517a16184/bltafc06db067aebac6/64cbf83cdb0bcc7a8de33eaa/NewHopeNetwork_Horizontal_RGB.png?width=700&auto=webp&quality=80&disable=upscale)
¿Hablas Espanol? Sprechen Sie Deutsch? If you do, it wouldn't be surprising given the wide variety of languages spoken in the United States. Marketers may attempt to capitalize on the diversity of the U.S. market base by marketing in foreign languages, and may think that regulators can not, or will not, pay attention. Wrong! Both the FDA and the FTC have brought enforcement actions against claims in other languages. Also, simply adding an appealing word or two in the another language on a product label could lead to regulatory problemas, as FDA regulations require that “If the label contains any representation in a foreign language, all words, statements, and other information required by or under authority of the act to appear on the label shall appear thereon in the foreign language.”
Everyone’s seen a bad late night TV advertisement with testimonials that appear too good to be true: “I lost 263 lbs in a week using Super Weight-Loss YummyStuff and you can too!” or “Before I could only bench press 10 lbs, but after taking Pain-and-Gain Mad Muscle Complex, I can lift this car!” Usually these types of claims are accompanied by the disclaimer “Results not typical.” This relic of an older, less regulated advertising industry tends to show up less since FTC explicitly declared its inadequacy as a disclaimer in its Endorsement Guides, but use this type of typicality disclaimer persists. Any advertiser should keep in mind that the FTC has made it clear that marketers are responsible for substantiating any claims made in their advertising, including those made by testimonialists. An endorsement or testimonial that does not reflect the typical consumer experience must generally be accompanied by a prominent disclosure—one that expressly tells consumers the generally expected results from using the product.
Antioxidants are a nebulous concept. Defined as “a molecule that inhibits the oxidation of other molecules” the physiological effects of these substances are still being explored, and new types of antioxidants and antioxidant activity are continuously discovered. Over the past few years, claims about these substances have proliferated in the advertising of a wide range of consumer products, including cosmetics and foods. But food manufacturers must be aware of longstanding FDA regulations on claims that characterize the amount of antioxidants in a product, which generally limits claims to antioxidants for which a Recommended Daily Intake has been established.
Everyone likes free stuff—it’s pretty much a united theme of humanity. In fact, the word “free” is deemed by some to be one of the five most persuasive words in the English language, swaying consumers to make all sort of unpredictable choices. No wonder it’s a powerful marketing tool used the world over. It should also not be a surprise that the FTC (and each U.S. state) has strict rules for the use of the term in advertising and is very active in this area of enforcement. While it may seem obvious that claims offering products or services for “free” should not cost the consumer anything, advertisers often forget to take into consideration added cost such as shipping and handling fees, or advertising something as “free” forever when you have to purchase something else to get it. Skipping these disclaimers may lead to a “free” visit from regulators.
Baseball, hot dogs, apple pie, and ... dietary supplements! Having an aura of American-ness can be a marketing advantage, especially with concerns about the safety of some imported products. But marketers must be aware that “Made in USA” is a heavily regulated claim. Broadly speaking, there are two types of “Made in USA” (MIUSA) claims. An unqualified claim states “Made in USA” or similar language with no qualifications whatsoever. The Federal Trade Commission (FTC) has stated that a product must be “all or virtually all made in the United States” and “contain only a de minimis, or negligible, amount of foreign content” in order to bear an unqualified MIUSA claim. A qualified MIUSA claim more narrowly qualifies what about the product is American—for example: “Blended in the United States with Foreign Ingredients.” Qualified MIUSA claims may be appropriate for products that include U.S. content or processing but do not meet the criteria for an unqualified claim Surprised? Well, stand by, five more coming soon!
Baseball, hot dogs, apple pie, and ... dietary supplements! Having an aura of American-ness can be a marketing advantage, especially with concerns about the safety of some imported products. But marketers must be aware that “Made in USA” is a heavily regulated claim. Broadly speaking, there are two types of “Made in USA” (MIUSA) claims. An unqualified claim states “Made in USA” or similar language with no qualifications whatsoever. The Federal Trade Commission (FTC) has stated that a product must be “all or virtually all made in the United States” and “contain only a de minimis, or negligible, amount of foreign content” in order to bear an unqualified MIUSA claim. A qualified MIUSA claim more narrowly qualifies what about the product is American—for example: “Blended in the United States with Foreign Ingredients.” Qualified MIUSA claims may be appropriate for products that include U.S. content or processing but do not meet the criteria for an unqualified claim Surprised? Well, stand by, five more coming soon!
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)
You May Also Like