- specific reference to COVID-19.
- an implied connection with COVID by urging consumers to take action in response to current circumstances. For example: “the time to boost your immunity is now.”
Making such claims, he said, could trigger a warning letter…or worse. Smith offered more examples of whatnotto do when focusing on immune health, including:
- Mentioning any antiviral or antibacterial role of the immune system.
- Discussing improvement of immune function after compromise through disease.
- Referencing colds, flu, or other diseases by name (for example: “specific for boosting immunity against colds and flu”).
- structure/function benefits
- protein content
- “zero” and “no sugar”
- “no artificial flavor”
- fruit flavor (variant on vanilla suits)
- “no artificial colors”
- ingredient permissibility (alleging products are not “dietary supplements” where no new dietary ingredient notification was filed for the ingredient)
- product classification (ie. CBD supplement/food challenges).
Offering more insights to help brands work through the necessary steps in formulating lawful claims, Ruth Rodrigues of Nutrasource presents an outline inConcept to Claim: An abbreviated guide for dietary supplement brands.Rodrigues says there are three critical components to successful marketplace access:
- Addressing key research questions to help in connecting the science and realizing marketing objectives
- Performing a comprehensive literature review, which informs product development teams of strengths and weaknesses of the product and highlights product potential.
- Knowing your options when it comes to claim substantiation as well as what to avoid in order to streamline the workflow stay on track.